Can a company terminate me for not serving the notice period

Why the HR is acting against you? have you spoken with your Boss about it?

your reason for leaving the company is about better prospect or a medical/family reason? kindly tell in detail. Also require the copy of the Appointment letter and the communications exchanged to share proper legal opinion with you.

Regards

Adv. Rohit Dalmia

9324538481

Hi Rohit, Thanks for your reply. The reason is for a better prospect and the nnew employer wants me to join on or before August 17, else they would revoke my offer letter. The new employer is even ready to pay the notice pay. I have explained them the reason in detail to the HR manager and My project manager as well, but they are not ready to accept (I have already served a 60 day notice period).

The Company's Exit Policy says, "either the company or employee will be required to give three months notice in writing or notice pay in lieu of notice. The decision as to whether or not to accept notice pay in lieu of notice period will be solely at the discretion of the management "

Stating the above clause, they are saying that I am not following the company policy and hence they will be terminating me without issuing a relieving letter or experience letter.

This is the problem every employee faces during  separation.  The company is right in saying so.  It can exercise its discretion either way.    You should have taken three months notice period from your new employer.  Advisible to request your management and try to get relieved early by either paying for the balance notice period or serve the balance period.

I was expecting that the company would accept the payment option for the balance notice period, but it says it cannot. Not giving a relieving letter in case of termination sounds reasonable. But, can the company not give me experience certificate for the period I worked for it by stating that I was terminated.

You should provide full information, pointwise!

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maximum persons are employed in it at any point of time, before and after your joining?

Has this HR Manager been authorized to accept/decline notice/resignation by Board resolution………..and/or is he/she your appointing authority?

Has he/she replied to you by email?

The Redg Office, Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties?

Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?

Have you downloaded the latest version of HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter from employee's portal, showing the date and validity?

What was your monthly salary?

Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16 given to you?

What is your designation and nature of duties?

How many persons were reporting to you? Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Can anyone above you cancel recommendation/sanction given by you?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Are there any tasks/projects pending at your end or that would be affected due to your non availability? Can you establish it?

Can the company terminate employee without allowing the employee to serve the full notice period, and/or by tendering notice pay in lieu of notice period?

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions?

You should provide full information, pointwise!

What is this establishment registered as: Commercial,Industrial?

Commercial: Located in Gurgaon, Probably registered in North Delhi

What is its line of business:IT,ITeS,banking etc?

ITeS - KPO

How many maximum persons are employed in it at any point of time, before and after your joining?

3,000

Has this HR Manager been authorized to accept/decline notice/resignation by Board resolution………..and/or is he/she your appointing authority?

Not sure on this point (but I suppose yes the manager is authorized)

Has he/she replied to you by email?

Yes.

The Redg Office, Corporate Office of the company, and your reporting office was located in which state?

Located in Gurgaon, registered in North Delhi.

What was your designation and nature of duties?

Business Analyst,

Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?

The Exit policy says, “Notwithstanding anything to the contrary, Company reserves the right, not to accept payment in lieu of the notice and/or paid leave and at its sole discretion enforce the notice period, if it is in the interest of the business and current assignment being managed by the Employee. During notice period, the employee will not avail his/her paid leave.”

Have you downloaded the latest version of HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter from employee's portal, showing the date and validity?

The Exit policy says, “Notwithstanding anything to the contrary, Company reserves the right, not to accept payment in lieu of the notice and/or paid leave and at its sole discretion enforce the notice period, if it is in the interest of the business and current assignment being managed by the Employee. During notice period, the employee will not avail his/her paid leave.”

What was your monthly salary?

above 35K

Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16 given to you?

Yes, I have all of them.

What is your designation and nature of duties?

Business Analyst

How many persons were reporting to you? Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Can anyone above you cancel recommendation/sanction given by you?

None. No I do not any have any of the above mentioned rights. I am at level 1 in the company.

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Yes, Resigned through the official tool on the company site and have all necessary proofs and screenshots and email acknowledgements.

Are there any tasks/projects pending at your end or that would be affected due to your non availability? Can you establish it?

In my view, there should be no problem as such, but the company claims that there is a business requirement, since I am assigned to the client.

Can the company terminate employee without allowing the employee to serve the full notice period, and/or by tendering notice pay in lieu of notice period?

Yes.

Has acknowledgment of notice of resignation, supplied to you?

Yes.

Are you a member of any employee’s/Trade Unions?

No.

Hope I have answered all the questions. Please let me know if I need to provide any details.

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Have you downloaded the latest version of HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter from employee's portal, showing the date and validity? Don't restrict and limit your reply to exit policy only! Are these policies kept on some shared portal? If yes download the latest version as on date of notice of resignation and current date? have you done it?

Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter? Go thru your appointment letter and check what all rules and policies and even employee handbook thatare metnioned in it..................and mention these in this thread?

Are you a member of any employee’s/Trade Unions?

No. (Why so? It is your lapse and loss).

The company claims that there is a business requirement, since I am assigned to the client. (What client? Is it mentioned in any of the rules and policies that notice period shall be decided by  Client? Does the company have signed a separate agreement with client that notice period of seconded emplyee shall be 90 days? If yes have you been given a copy of any such communication r any information in writng?

Does the standing orders apply to your company?

Does the company have its certified standing orders and does these cover your designation?

Or Do the Model Standing orders apply to the company?

Regarding the standing orders, I have no idea how my company is covered. Please guide me how to get information regarding that information.

You have posted that:

“What is your designation and nature of duties?

Business Analyst

How many persons were reporting to you? Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Can anyone above you cancel recommendation/sanction given by you?

None. No I do not any have any of the above mentioned rights. I am at level 1 in the company.”

It is felt that the notice period applicable as per the enactments that apply to such establishments/ employees should be 30 days with option of notice pay in lieu of notice period…………………………and 60 days should be sufficient for the employer to put his/her house in order.

The o/o Labor Commissioner, certifying officer (usually DLC in o/o Labor Commissioner) can give you the information on standing orders.

The appointing authority, MD, Chairman, Hr has to confirm on standing orders and also supply a certified copy.

If standing order apply then these are to be displayed at a conspicuous place in company e.g. notice board.

You may not remain entangled with HR/Line Managers and may escalate to good offices of appointing authority, MD, Chairman.

Employee can become a member of employee’s/trade unions any time.

Original Copy of appointment letter and true copy of all policies signed by you should be handed over to you on the spot when signed. You may demand these.

You may consult an able Labor Law Consultant/Service Matters Lawyer/Law Firm in person.