Notice period & termination
Deepak S Bijur
(Querist) 02 November 2012
This query is : Resolved
Dear Members,
I am currently working in private company under probation period & I have got offer from government institution. I have submitted my resignation on 30th October and date of joining govt institution is 19th November. The Manager has asked me to serve 30 days notice however, I explained to him that I have to join on 19th November, but he wants me to serve notice period and not willing to accept notice pay.
The terms of employment is given below:
"This contract of employment between you and the Company may be terminated by either party ,during the probation period, by giving 30 days notice or gross monthly salary in lieu thereof. However, release from services of the Company will be subject to satisfactory handover of the responsibilities assigned to you with prior approvals fro immediate managers and BU heads".
It is an urgent matter and hence, request your earnest response. Thank you in advance.
prabhakar singh
(Expert) 02 November 2012
Your resignation letter must be with a gross salary cheque for compliance of terms against
a receipt.
He or company en-cashes or not is not your concern. Persuade him as much as possible,in case he does not pay heed, join your next job after addressing in writing company's superiors in office to your boss narrating all the situation and hardships and your compulsions to join new job.
Devajyoti Barman
(Expert) 02 November 2012
The Company is taking you for ride. Since there is notice pay instead of notice period service, you can opt for waiver of your salary instead of notice service.
Do serve the Company legal notice with your willingness to make them payment for notice period and then join the new company.
ajay sethi
(Expert) 02 November 2012
the appointment letter mentions that you either have to serve the notice period or pay one month salary . it is not a mandatory requirement that you have to work for one month on submitting your resignation letter .
Ms.Nirmala P.Rao
(Expert) 02 November 2012
Dear Client,
The courts will interpret a contract to the benefit of less advantageous party. Since you've th option of payment of one month salary in lieu of notice you can send the payment through Money order or DD AND CAN SAFELY JOIN YOUR NEW JOB ON 19 TH November. otherwise IF POSSIBLE YOU CAN SEEK POSTPONEMENT OF DATE OF JOINING IN YOUR NEW JOB. Normally government Organizations would grant postponement of date of joining.
Raj Kumar Makkad
(Expert) 05 November 2012
I do agree with the advice of Nirmla.
