Dear Querist,

Either party can exercise this clause. Serve them a notice exercising your option to give up one month salary in lieu of notice. They can't compel you to work. 

Bharat Chugh

www.bharatchugh.wordpress.com

Follow the Advice of Adv. Bhagat. ALso notice pay cannot be CTC for eithe party. This clause is illegal and you need to pay only your basic pay as notice pay. 

vasudevan

Hi All,

With regards to Tushar's query, one of my friend got the same scenario.

He gave resignation and opted to serve 1 month notice period, but the Manager to whom he was reporting told him to serve 2 months notice period without payout. When asked the same to HR he said to him, manager has all the rights.

In this scenario Manager plays the major role not the HR. Could you please advise me.

Regards,

Kiran
 

@ Kiran,

HR does not report to line management.

HR should not become tool to execute tantrums of manager.

1 month notice is reasonable period of time and is not abrupt termination. Draft notice of resignation carefully and mention effective date of resignation and request to adjust notice pay in FNF statement.

Hi All,

Thankyou for your reply

What if Manager the says, he is the owner of the process, so you need to follow the orders of manager only as per the business reuirement.

Regards,

Kiran

@Kiran,

All these tantrums are created for the ill informed employees/freshers........

The company might have created the process so as to put a mechanism in place for the line management which might be expected to complete the tasks with full head count in the team or reduced head count in the team due to attrition. So manager is made a part of the process to make recommendations. Thus manager is directly or directly made responsible/accountable. With or without this process or with or without manager being owner of this process onus is on the manager to find replacement. HR is a party to find replacement.

However it does not take away the rights of the employee. Employee can submit notice of resignation or notice pay in lieu of notice. Employee can ask to whom charge and company property should be handed over. Usually HOD or manager is the competent employee to take charge implying later manager has to perform the task or distribute the task. Companies do not accept excuse from the manager that budget/target/task could not be achieved since full head count was not available in the team. Isn’t it?

Hi,

Thany you for your reply

Is there a rule/manadate/section to file a case against the management/company if they are pressuring/forcing/torcharing the employees to move out of the company even, if he is good performer. Or forcing them to serve 2 months of notice period. But has per HR Policy is says only 1 month and the 2 month can be negotiated.

Regards,

Kiran

Notice period can not be more than as mentioned in appointment letter or as accepted by employee later. SE act , certified standing orders can also be referred.

Forced resignation can be termed as deemed termination. You may approach a competent and experienced service lawyer with all documents and record. You can also approach o/o Labor commissioner.