90 days notice period

Abhishek Pandey (Querist) 14 November 2012 This query is : Resolved
I am working in a MNC having 90 days notice period to be serve by employee to terminate the employement or for each day shortfall pay in lieu to notice as per company policy. When I given resignation and talked to manager for releaving me earlier , he refused to do so and told me that there is not any provision. I sshowed my emploee agremment letter where it it clearly mention that in case not able to serve notice period can pay for each day shortfall however he told me that company policy changes time to time and your are abide to follow the same. I asked him for policy documents to check whether any modification is made in policy which is different from what is mentioned in my employee agrrement and talked with HR team for same. When I asked for policy document my HR said that we are not denying that we will not waive off your notice period and asked me to submit relevant document for the reason for not serving the notice period. I have property dispute at my hometown and since my grandfather is ill and in bed rest I have to go to my home town urgently for handling all this stuff. I submitted the court paper and medical documents of my grandfather to HR team . Now they are denying to waive of the notice . I have documented all thing and sent mail to HR team and my manger that I will serve around 40 days of notice for for shortfall I am ready to pay. I have finally decided that I will have to go.Also I need relieving and full and final settlement with company. Please help me what to do.

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Raj Kumar Makkad (Expert) 14 November 2012
You make a written representation and offer to pay for short fall and demand the full and final settlement and leave your future address for communication and leave the concern. No legal issue is going to harm you. company shall have to follow its own appointment letter terms.

Abhishek Pandey (Querist) 15 November 2012
Thank you Mr Raj for your valuable input.However they are threatening that they will mention a line that "I have abandoned the services " in my releaving letter if they provide it. Is it legal? I want to know what if they will not contact me for full and final settlement.

Abhishek Pandey (Querist) 15 November 2012
Do you have any idea what I have to pay for notice shortfall,like all components of salary or the basic salary only.?

Guest (Expert) 15 November 2012
You are governed by the terms of your appointment letter to be read with the Service Rules of the Company.Your duty is to serve the notice as per the termination clause of the contract and your employer is also legally bound to comply with the same.However, in case of any violation, serve a legal notice in consultation with a good lawyer conversant with service matters.In case there is any shortfall in your notice, you should request the Management to waive this and otherwise to adjust it against your outstanding dues.Notice pay may be calculated on basic pay or upon gross salary depending upon the Service Rules of the Company.It varies from organisation to organisation.There is no hard and fast rule in this regard.

Abhishek Pandey (Querist) 20 November 2012
Dear Arun sir and Raj Kumar sir,
I have written several emails to highest point of contact within an organization for reliving me after taking the sum of amount for notice period shortfall as per my agreement letter. They are just saying that company policies changes time to time and when I am asking updated modified policy document they are not showing the same. They are threatening that you will be marked as “Absconding “from services if you will not serve the notice period. Please let me know what legal action can I take against this.

Abhishek Pandey (Querist) 29 November 2012
I am been leaving the company this 30th . Please suggest what legal action can I take afgainst the company for getting my relieving.

ajay sethi (Expert) 29 November 2012
ifyou are leaving the organisation on 30th send them a letter enclosing cheque for the shortfall period . mention your grand father is on his death bed and doctors have stated there is no hopes for his survival . request them to take a humanitarian virew and issue you a relieving letter .

90 days notice period

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