Is it mandatory to serve the full notice period.
Rahul Verma
(Querist) 17 November 2015
This query is : Resolved
Hello ,
I am working in MNC since last 1.5 years. I am getting an better opportunities and good hike in another company and gave me a notice period of one month but current organisation want me to serve notice period of 3 months althrough I have given a option to buyback the remaining notice period but they are not ready to leave me and on a very last day they replied on my resignation stating that the serve the notice period of 3 month and when I resign on a second last day of a month immediately my manager hold my salary and does not say anything to me and my new organisation does not want to extend the joining date even for a week. and nothing is mention in seperation policy and my joining letter which states the minimum days of serving the notice period however my offer letter says "your service may be terminated any time by either side giving 3 months notice period or payment of CTC in lieu thereof manager's approval and satisfactory handover of responsiblities". when I approach to HR regarding this they said only your reporting manager will decide the last working day in organisation and arguing in favour of manager.
This kind of issues unecessary creates the hurdles in my carrier.
I really want to send the legal notice to the organisation.
let me now the process and procedure.
Dr J C Vashista
(Expert) 18 November 2015
What is the notice period in your appointment letter? Generally it is one month, which you can deposit and get out.
K.S.Srinivas
(Expert) 19 November 2015
All depends upon the terms and conditions of the offer letter of your present company.
Rajendra K Goyal
(Expert) 19 November 2015
The buyback of the notice period depends on the management as per appointment letter. You have no option if they do not agree for it. Either resign by paying or leave the opportunity.
Rahul Verma
(Querist) 19 November 2015
Sir,
I am working in a manufacturing co wherein in my notice period is 3 month and in seperation policy " All confirmed employees have to serve a three months’ notice period post resignation or pay three months’ salary in lieu thereof" along with the note "Any employee who wishes to leave the organization is supposed to serve a 90 day notice period (7 days in case of trainees and 30 days in case the employee is on probation).It is expected that an employee will serve the full notice period and ensure a proper handling-over of his responsibilities to his successor. However, incase an employee opts to leave sooner, then the organization retains the right to deduct the no of days less served as per the clause mentioned in the appointment letter which will be recovered from his/her settlement" and as per appointment letter and mention in offer letter "your service may be terminated any time by either side giving 3 months notice period or payment of CTC in lieu thereof manager's approval and satisfactory handover of responsiblities"
Rahul Verma
(Querist) 19 November 2015
please help me out in this case..
Rahul Verma
(Querist) 05 December 2015
Sir I have mention statement of my letter. pls help me and suggest any legal way to get out from this.
