Notice period
Pankaj
(Querist) 15 August 2012
This query is : Resolved
Hi Sir,
I have resigned from my MNC organisation last week and serving a notice period of 40 days. As per appointment letter, its states....3 months of notice period or salary in lieu of it at sole discretion of management.
I told them, I will pay salary for short fall of notice period but my VP is saying you have to serve the 3 months notice period, they wont be taking salary in lieu of it.
I replied them in writing that, i will not serve notice period more than 40 days , i am ready to give salary for it.
please advise.
1) what would be the future implications, if they wont accept 40 days period with salary in lieu of rest of the days.
2) if after 40 days, i will not come in his company and will joing new company, can i get the relieving from current employer.
Appreciate help of seniors on this.
Guest
(Expert) 15 August 2012
Dear Pankaj,
You cannot challenge if that is the sole discretion of the management as per terms of your appointment. However, ask the management to formally reply to your resignation notice, if they are not willing to accept the salary in lieu of period short of notice period.
If they don't agree to your request and you also leave the company without your formal relief they, not only can withhold issue of your relieving and experience letter, but can also take disciplinary action against you for the misconduct of absence without permission. Your gratuity, if due, can also be forefieted if they decide to take any discipliary action against you.
Pankaj
(Querist) 22 September 2012
Hi sir,
I have sent the resignation by post also to my company on sep 10th and left the company on 18th sep. I joined the new company on 19th sep.
Now my previous employer have sent the show cause notice to me for absence from work.
Please advise, if it is right, as they have sent the show cause notice and can terminate me too. Can i get my 18 day salary as i have worked there till 18th sep. they are not ready o accept salary in lieu of notice period.
Please help seniors.
