Forced to serve 3 months notice period

(A) You have posted that ' recently the management have come up with a 3 moths mandatory notice period serving policy, which was declared recently (7 days after I submitted resignation)"

and

1> What will be considered as the policy for notice in my case?

You have already resigned hence this can not be imposed on you even if company claims that your notice is not accepted. And not only you but any other employee who has not resigned and is serving and has not given written acceptance is not under any obligation.

Kindly educate all not to accept in writing. Company and HR shall soon initiate drive to obtain signatures on new policy towards acceptance.

Moreover company can claim only notice pay for the shortfall in notice period even if company has taken signatures towards acceptance.

(B) 2> What option do I have in case management does not allow me to leave in 1 month notice?

You have posted that:

“Failing to observe condition no.2 above, a sum equivalent to the unserved period will be deducted from any of the pending amount of the employee with the Company.”

And

‘but my current company is not agreeing to release me on the specific date I have proposed.”

Submit a gentle reminder to your notice of resignation, addressed to good offices of your appointing authority, MD, Head-HR, Company Secretary, under acknowledgment with a copy to you, with effective date of resignation ( do not write date I have proposed.) clearly mentioned in it, and demand acknowledgment of your notice by registered/speed post, and mention that on dated…………and dated………..during your in person representation Mr/Ms……..designation…….department ………..pointed out to you company declines to accept chq/DD, and notice pay for …..Days from period dated………….to dated……….may be deducted from settlement of your a/c.

You may request the good office to ensure within effective date of resignation, smooth exit formalities to be completed, and settlement of you’re a/c, and release of your FNF, service certificate/work experience certificate, form 16, all PF accumulation reports and withdrawal/transfer forms, relieving letter, NOC/NDC, acknowledgment of having handed over the charge/ submitted the company property etc. You may ask to whom you should hand over the charge and submit the company property and the designated employee may be advised, with a copy to you, to issue proper acknowledgment to you and certify nothing is pending. You may mention that you shall cooperate to train the replacement employee designated by company upto and within effective date of resignation and routine work may be assigned to you for and upto the date of effective resignation.

You may submit the list of company property as per your memory and list of all amounts payables to you by the company and payable by you to the company and request to cross check and supply you the confirmation, addittion/deletion etc sufficiently in advance say within ……days……...before…days of effective date of your resignation.

Kindly don’t leave any room for company to charge you on any count. On effective of your resignation submit your formal resignation addressed to the good offices under proper acknowledgment with a copy to you.

Inform your next employer in writing that you shall be able be in a position to supply a copy of notice of resignation, proof of its dispatch/POD only and shall be able to provide the acceptance, relieving letter, work experience certificate etc, on its receipt form your previous employer on its receipt only.

your formal notice of resignation

You should use your

Kindly post the details in forum. It shall be helpful and useful who visit the forum face the similar situation.

Two courses of action remain open to you  :-

                  (i) If your new Co. already knows you are coming from your present company , may ask them to extend the appointment date due to this development ;

                   (ii) They cannot change the terms of employment (offer letter) retrospectively not taking your consent .

                         As the policy comes only after your resignation , this should not be applicable to you.

                       As for others , they can change terms by asking them to accept the terms or quitting the job .

Thanks to Adv. Mr Doab and Adv. Mr Suresh.

But I still have the problem. I am serving 1 month notice and asked (requested, begged & prayed) to the immediate Manager, HR and also the MD of the organization. Though I am awaiting a reply from MD but looks like they won't agree to release me on 1 month notice and rest two months buyout. Though the modified HR policy clearly tells that an employee can buy out notice period if required. I have attached a screenshot of the policy along with this.

I am in a situation where I can't join after 3 months to the new organization, as the offer becomes invalid. I have to leave my current organization on 15/16th Nov 2011 and join the new organization by 18. I do have about 25 days of paid leave available this year which can be adjusted also.

I have also given the following 2 options to management.

> Reference to an alternate resource who could join by 1-2 months time
> Until the alternate resource is ready, I will provide support via phone (which is normally done in case of absence).

But still they don't seem to allow this and because of this my career is at stake.

As far as I know, it is my fundamental right to decide how long I can work in an organization and forcing to serve notice simply does not make any sense in here.

What can I do, in case I have to leave the company by 15/16 Nov 2011. Can I approach to leagal authorities for this?

Any help is highly appreciated.

Regards

Suvajit

 2 and 2.1.3 is clear on, recovery of notice pay from annual leave balance and deduction from FNF settlement, exit formalities

Chapter 15 is not found in attachment.

Alternate resource is not your job. Your duty is to handover the charge, and for this you should ask in your notice of resignation, that to whom you should handover the charge. This could be reporting authority, colleague or any other employee as designated by competent authority e.g. appointing authority/MD/HR-Head/HOD etc.

It is a matter of your inner wish, generosity, and goodwill if even after leaving the company you are still willing to attend to the work of company on phone.

However your past employer shall not agree to it since their priority is man in the location.

Apparently there is no cause to initiate legal proceedings at the moment.

You can submit resignation and cheque for outstanding notice period, or request the company to adjust the amount in your FNF settlement and mention if any amount is due to be paid, you shall pay by cheque.

You must settle the matter with your next employer in writing.

Chapter 15 is there and 2 and 2.1.3 are under this chapter.

2.1.15 is also under this chapter:

Employee is entitled to any benefit/salary revisions which are announced by the company after the date of submission of resignation.

2.1.5 Has your immediate manager in consultation with HOD, has decided any date of relieving and approved it in writing?

Do you have acknowledgment of submission of notice of resignation and have you mentioned effective date of your resignation in your notice?

Hello Mr Doab

Thanks for your valuable comments.

I do have the acknowledgment of submission of resignation and acceptance for the same from my immediate manager and HOD (on cc), but the date approved is 3 months from the date of submission of resignation.

I have replied to the same email saying,

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

I would also like to inform you that, I would like to be released by 14-Nov-2011 (i.e 1 month from the date of notice).
Reason being, I will not be able to continue my career if I don't join by 15/16-Nov-2011.

I do respect the decision made by HR & LS Team but would like to appeal for this consideration so that I could give 1 month as notice and the rest 2 months to be bought out.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

No reply to this email from management, I again spoke to my manager but he is saying he can not do anything on this and telling me to speak to the HR Manager. The HR Manager is also not accepting this. I sent an email to MD of the organization, till date no response yet.

Though I gave a deadline to the manager mentioning that I won't be able to come to office after 15th Nov. He does not care much. This harrasment is creating a lot of problem in my personal life also, I am not keeping well for last 2 weeks.
 

Do I have any other option, in case they don't respond till the last day I mentioned? As there are some financial factors (Full and final settlement, leaves etc) also, what is the way to go from here?

Regards

Suvajit

A few points are becoming repetitive. You should have submitted notice of resignation with effective date of resignation clearly mentioned in it. You have submitted resignation without mentioning effective date of resignation. Your immediate manager and HOD have mentioned date of relieving 3 months from date of resignation i.e. after full notice period.

In subsequent communication you have clarified that you are tendering notice period of 1 month and you shall buy out balance 2 months notice period, which is as per terms of employment accepted and signed by you.

The new policy is circulated after you have submitted your resignation, and you have not submitted your acceptance. Even now if you wish you can submit a gentle reply stating that the new condition e.g...........are not acceptable to you, and hence previous one shall continue to be applicable.

You may obtain copy of certified standing orders of the company which might be on the HR page of the intranet, or with HR. You can submit a written communication also and mention that the same has not been circulated and supplied to you, and should be supplied.

If you have decided to join new company and leave present company, you can submit another communication subsequent to your resignation and another mentioned in your above post, stating that you have already submitted your notice of resignation and your effective date of resignation is ...........and you shall be leaving employment on dated............and request the company to complete the exit formalities within this date, demand certificates and docs suggested in previous posts. You can submit final resignation on effective date of resignation. It is reiterated you must clarify the matter with your next employer in writing as some employers become adamant if you do not submit your experience certificate/relieving letter etc, within the date specified by them.

Kindly do not proceed on leave without proper leave application and approval, even if you are sick, and comply to leave norms explained in file attached by you. Otherwise company can declare you absconding and may proceed to initiate penultimate action/process of termination.

If the company does not supply acceptance of resignation, FNF, work experience certificate/relieving letter etc, which they can delay, you have the option to approach local o/o Labor commissioner/wage inspector, court of law.

It shall be appropriate to consult your elders in the family, competent and experienced well wishers, good service lawyer/law firm.

You have given one month notice which is reasonable good time. You have built some and you should build more record in your favor.

You may visit the o/o MD and make an entry in the registry and mention your full employee details with employee code and seek appointment to meet MD, quoting urgent matter. You should point out that you are acting as per the policy of the company and as a good employee you are willing to submit cheque for notice pay and your case should be treated in line with 1st policy applicable to you and accepted by you. Since you have not received relief from line management, HR, you have approached the good office of MD. Your career is at stake. 

On the day you are able to meet MD, or even if you are not granted appointment you may submit the minutes quoting date of each visit to the o/o MD by you.

Mr Chakravarty ,

                                  Once a MAN has decided to leave a job then ONE should have no fears in his Mind .

                                  YOU ARE NOT DOING ANYTHING CRIMINAL  AGAINST SOMEONE

                                  You are just leaving a Job

                                  Few things you consider :-

                                  By Leaving the job without getting their relieving letter  What :-

                               (i) Effect it will have on your NEW EMPLOYMENT

                                   Does getting proper  RELIEVING ORDER FROM YOUR PRESENT EMPLOYER A MUST FOR JOINING THE NEW EMPLOYMENT

                                  If you join the NEW JOB (without a relieving order)-  What effect it will have on your New Job

                              (ii) What Maximum penalty  You will have to pay while leaving the job Instantly

                               (iii) You have not been sent to some official job abroad for further studies on Cos cost , so no question of paying that amount

                               (iv) Only three months notice condition remains .

                                     Go to Office tommorrow Put in your resignation letter saying I have already resigned on such and such date serving a notice of three months . I hereby quit TODAY . I have completed One or one and half month of the Notice period

                                      The rest period of these months (say 1 or 2 months ) is to be paid by me .

                                       The Company has to pay me Rs _________ till date .

                                      The Net , to be paid by me is Rs_________ or the Company has to pay me Rs________.

                                      I have no assets issued in my name and question of Handing Over does not arise . I dont require any  NOC from the Company (Optional)

                                     I am hereby enclosing a Crossed Cheques No _ dated _____  of Rs ___ for payment of Net Dues . ( If something is to be paid )

                                     Or if the Co has to pay something to you then

                                    It is requested that the Net Balance of Rs_______  to be paid by the Co to me may be sent to my residential address ASAP .

                                    The  Resignation letter , in continuation of my previous letter ,duly submitted by hand , may be accepted . Also a Receipt  and the Receipt Number may be issued to me , duly stamped and signed .

                                    If they dont give you a receipt , then make a letter (handwritten) there and then saying that The company is not accepting the letter and denying formal receipt and compelled to send it by courier

                                    Once You have decided to quit ,  be firm and quit , what may come

                                    Secondly , You are NOT DOING ANY CRIMINAL ACT < SO MAX YOU WILL BE FINANCIALLY PENALISED <
                                      
                                       IN NO CASE ANYTHING MORE THAN THAT

                                       A Raja is still not afraid after at least making a SCAM OF 200Cr , Money routed thro to Kaliangar TV .

                                      Because his luck ran out and was faced by Mr Swamy and Prashant Bhushan in Sup Court  so A Raja , Kanimoiz  are in Jail

                                      The moment their stars will give them support , they will be out of jail

                                       So have no fears . You have done NO SCAMS .

                                      JUST LEAVING A JOB

                           But that is the hallmark of a Simple , honest MAN .  He feels that No one should visualise anything wrong in his actions .

                           But this is Kaliyuga

                          Have you heard a famous song of a Hindi Film "GOPI"

                           The Lyricist says , " Ram Chandra Kah Gaye Siya Se , Aisa Kaliyug Aayega , Hans Chugega Dana Dunka , Kauwa Moti Khayega "   White Swan will eat pebbles and Crow will eat pearls .

                         So you see , Digvijay states , Rahul is like Gandhi Ji , sacrificing so much for Indian People .

                         My Outburst apart , My advice

                        Without fear do as above tommorrow and feel relieved to take up challange of a new job .

                        Let GOD BLESS YOU

Hi All

Sorry for replying late. It was a scuccess at the end, as MD put his discretionary power to release me on the date I proposed. Though I did not get help from my manager till the end, but could get the job done by HR as I had an approval email from MD.

So some of you might want to know, what made them change their minds so quickly, It happened within 2 days. Before that whenever I requested, begged or prayed, they did not care much......until I became violent. Not physically, but in writing.

I took the advice of Mr Doab, and told the HR Manager 2 days before the deadline that I am not coming from tomorrow, and he should let me know where to submit the ID Car,  Locker keys etc. I also mentioned, if they don't agree to release, I would anyways leave and keep all these things as a momento from this organization.

That did it.........immediately I received an email from MD (not an Indian) with an approval and best wishes for me in the future, and rest other guys just followed instruction as and when I wanted. I left on time, though I did not have formal relieving letter or any accptance letter, but joined the new company with Undertaking Form signed stating that I will submit the relieving letter by 45 days from the date of joining, I got the letter within 20 days.

I thank each of you who contributed with your valuable inputs.

Thanks & Regards

Suvajit

It is heartening to note that you have been able to peruse, persuade, reason and negotiate and thus able to get the resolution and relief while in employment. In today's environment employee should build exceptional levels of these skills. These skills can be acquired. Be smart. Update yourself on your rights and consult before signing on the dotted line.

You must obtain acceptance of resignation, FNF statement (all paid leave, incentives, reimbursements etc computed properly), service certificate/work experience certificate, form 16, all PF accumulation reports and attested copy of withdrawal/transfer forms., relieving letter with good comments of conduct and performance (MD has already wished you success in future endeavors), NOC/NDC, acknowledgment of having handed over the charge/ submitted the company property, last salary slip, etc.

It shall be better to transfer the PF to new employer without any break and keep PF a/c regular for 10 years and be eligible for pension. If you withdraw the PF you shall loose major portion from pension component.

Utilize your experience to educate and update as many employees, colleagues as much you can and form a closely knit community of fellow colleagues.

Do your best to deliver god performance, justify your remuneration and remain in good books of the company.

Nothing succeeds like Success

Everything Ends well that ends well