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Puneet (Some Executive)     31 July 2009

Notice Period, Please Advice

 Heloo All,

Thanks in advance. Please advise, as due to lack  awareness on  legal aspects, many pple get cheated & your help would be appreciated.

Case:

Notice Period on Contract: 3 months (90 days)

Notice Served By Me: 60 Dyas

Now company is relieveing me in 15 days & is charging me 30 days' salary as i served only 2 months' notice.

q1) if i am being relieved earlier than what i intent to, this means i am being made to sit at home without work, although i intent to serve for 2 months. Over this the company is charging me 30 days salary.

If my services are not needed beyond 15 days, why should i be charged for for a time which was not needed anyways!

please advice. 



Learning

 9 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     31 July 2009

 you better once again go read the terms and condition of the employment...

Kiran Kumar (Lawyer)     31 July 2009

Puneet if u can post the contract entered between u and ur company then some exact opinion can be given..

 

if the company is violating the terms of the contract then u r not liable to pay the penalty

 

better u post the terms of the contract then we ll c what has to be done.

1 Like

Puneet (Some Executive)     31 July 2009

 Dear Sirs,

thanks for intervention.

The contract states that either side can terminate the employment by giving a notice of 3 months. or immidiate relieve by paying the salry for the same. 

my point is if i am being relieved early in spite of givin 2 months' notice, tht means the charge is handed over & organisation doesnt need me beyond that. then why & how can they charge for period whic was not needed in first place!

G. ARAVINTHAN (Legal Consultant / Solicitor)     31 July 2009

 My friend Kiran Sir is right. Better extract terms and conditions. that may help to know the problem better

mishrajg (n/a)     10 October 2009

Please Quote the exact words as mentioned in the letter of Appointment. The letter of Appointment should clearly mention about the termintion of Employment Contract.

Also refer to your Resignation letter - Have you anywhere in your resignation letter requested to be relieved at earliest. Or have you expressed that you will serve the notice period of 90 days (again there is a difference in notice period of 3 Months/ 90 days, as 3 months can be 91, 92 days.)

Did you get any letter of acceptance of resignation, was any date of releiveing conveyed to you in that letter.

 

 

1 Like

Amardeep Srivastava (Senior Law Officer)     12 October 2009

Dear Puneet,

Though I am too late in this thread, since it was interesting, I thought of expressing my views. I feel that the resignation becomes effective after the notice period is over. During the notice period, the employee may withdraw the resignation also. In this case I feel that the termination is coming from the management side so they should pay for the notice period. Let us see what the other members feel. Do tell me what happened exactly in this case.

Amardeep

1 Like

Ashish Ovalekar (Manager Legal & Compliance)     21 October 2009

Dear Puneet,

As per the terms and conditions of the Contract, you were to serve 90 days Notice period, or pay Salary of 90 days in lie of Notice pay.

As per your statement, you are serving 60 days notice period, and hence the Company would be entitled to claim the balance of 30 days salary from you in lieu of Notice period.

Since the Company has now replied that they are releiving you in 15 days, they would be liable to pay you the balance Notice period Salary for 45 days.

But for better interpretation, i would suggest that check your HR POlicies, and guidelines.

Seek waiver for such payment from both sides, by using your good relations within the Office.

There is no use fighting with the Management, because, practically you would not have time to do so.

1 Like

Puneet (Some Executive)     14 January 2010

 Dear All,

Many thanks for your replies... Sorry for being late, but i think i should elaborate on how the case was closed...

esp for mr kiran, mr mishra, mr srivastava & mr ovalekar.

I kept my case strongly to HR Senior manager, i said company was forcin me to be unemployed for 45 days, & in addition is charging me 30 days salary... this is not fair and if i am ok to be relieved in 15 days, then dont charge me anything... jus lemme go...

He got a bit annoyed & said u know what> "If i feel like I can jus ask you to leave right away & screw your career badly forever by terminating you on disciplinary charges & none can do anything on that. HR network is very strong"

Can you believe this? this is 1000 Crore company!!! This is how employees are harrassed, I am so glad I left.

Then being a fresher & my first job switch, i got a bit scared & came. Then i narrated the incident to a trusted senior, he got furios & said this is wrong & that i should write to MD.. I dint feel like so, I talked to VP, told him 25000 to company matters not much but for me its a month's salary, he assured me he'd reccommend it to be waived off, MD has to personally approve the same, i suggested meeting MD, he said he'd ensure I am not charged anything.

They already had stopped my salary fr tht month, so I left on 31st.. empty handed & happy that atleast i am joining an mnc now..

1 month later, it was a pleasant surprize, i received my one month's salary, md had approved, due to VP's intervention. Happy Ending!!

This is the only reason i am not mentioning the name of the company here today, networking rocks gentlemen. Thanks for your advices.

By the way, 14 pple have resigned since i left, i was the 1st one... mayb the lost their Lucky Charm ;)

i care two hoots!

 

 

sai sreekanth (Consultant)     24 January 2010

Hi all,

Iam working as an associate consultant in a auditing firm since june 2008.Now i got a new job in big 4. I have to join in 1 month in the new company. As per my appointment letter the notice period is 90 days.But the HR was saying the policies have been revised in 2009 and the notice period is 2 months.I have submitted my resignation on 11th jan 09.I can only serve 1 month notice period and iam ready to pay the other 1 months notice period.But my company is not accepting money and they were asking me to serve the full notice period.Iam in a project where the company is having a contract with the client stating that they are not going to change the resourse till 31st march 2010.(Not mentioned my name in the contract)

The other company wants the relieving letter at the time of joining.I dont want to lose the new job at any cost.Please suggest me in this ..

Regards,

Sai

09819589669

 

 

 


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