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Amit   24 August 2016

Notice period

Hi, I have given 31 Days notice Period in my Current Organization as per offer letter it is mentioned that if I am not Serve Notice period of 3 months it will be adjusted against PL or Salary lieu Last Working Day- 31-08-2016 Thanks & Regards Amit Now they are forcing me to serve 3 months is there any way against which I will take reliving from them


Learning

 5 Replies

Tuhin Batra (Advocate)     25 August 2016

There is nothing much you can do in such a situation. You will lose salary for against pl or salary in lieu if there is such a specific clause your offer letter. Regards Tuhin Batra Advocate

P. Venu (Advocate)     25 August 2016

Please cross check with the relevant legal provisions. No conditions could be repugnant with  public policy and statutory provisions. 

Any how, you cannot be compelled to continue in job against your will.

Kumar Doab (FIN)     25 August 2016

AS per your post: The option of notice pay in lieu of notice period has been inserted by employer in appointment letter issued by it to you.

31 days notice period tendered by you should be sufficient for the employer to complete the exit/handover formalities, if any.

You may address  notice and subsequent comunications to good offices of appointing authority,MD and submit under proper acknowledgment and mention that as per clause number................in appointment letter dated................you have tendered notice of resignation with notice period of ...................days.....................and LWD is dated..................and NO tasks are pending at your end and routine duties be assigned that can be completed on day to day basis within and upto expiry of notic eperiod and LWD dated....................and to whom you should handover the charge/assets(if any) within and upto expiry of notic eperiod and LWD dated...................against proper acknowledgment on th spot.

 

You may also add that good offices may supply acknowledgment & acceptance of notice of resignation, and  ensure and arrange for completion of all formalities (if any)  at it end and handover the correct FnF statement (showing computation of earned wages/leave encashemnt/bonus/Gratuity/reimbursments/ etc and deduction if any), Form16 as per correct FnF statement, service certificate {(with mention of commendations), narrate such  commendations)}, relieving letter {(with mention of commendations), narrate such  commendations)},payment of FnF dues etc etcwithin and upto expiry of notic eperiod and LWD dated...................and all communications be supplied by Redg. post from PO only.

 

Submit final resignation of course, under proper acknowledgment.

Downlaod all record of appreciations/rewards/awards/attendance/perfromance/tasks assigned and completed/service rules/HR policy/exit policy/ etc etc.....................ASAP.

 

Let them write to you whatever they want.

 

Kumar Doab (FIN)     25 August 2016

Notice period of 90days may not be neccessarily applicable in your case even if it is insertd in any private agreement/rule/policy darfted by employer e.g; Appointment letter/offer letter/HR policy/Service Rules etc etc...................

 

Notice period/pay is part of service conditions governed by various enactments applicable to establishment/employer/employee and these shall prevail upon any private agreement/rule/policy darfted by employer e.g; Appointment letter/offer letter/HR policy/Service Rules etc etc...................

 

 

Kumar Doab (FIN)     25 August 2016

What is this establishment; Commercial, Industrial?

What is its line of business?
 

Since how long you are working in this establishment?

You, rporting office/Redg. office/Corporate office is located in which state?

Are you under probation of confirmed?

What is your designation and nature of duties?

What was your monthly salary?


Does standing orders apply to establishment/your designation? If yes are these certified?

Are you a member of employee's/trade unions?

Have you consulted a very able counsel specializing in Labor /Service matters?

 


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