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Dharmesh (Manager Systems )     23 May 2011

Notice Period

Hi All,

I've joined Indian IT company one year back & now I'm confirmed employee. Situation is I've resigned from Org. with one month notice even though HR policy said need to serve two month notice otherwise forget about realiving letter.

In my case I put down my paper on 30th April 2011 & last working day mentioned in my resignation letter is 30th May 2011. When I spoke to HR & my supervisor both are insisting me to serve ntoice period. However I've clearly told them It's not possible. And I'm okay with not getting realiving letter & ask them to do settlement with deduction of remaining notice period also. But HR/ Supervisor remain silent. And on verbal they keep saying that “If you will not complete the notice period as per HR policy you will get nothing”.

Please suggest What to do now ?

Regards,

 

Dharmesh Kadia



Learning

 3 Replies

Kumar Doab (FIN)     23 May 2011

Hope you have submitted all company property including ID card, etc. and has obtained duly signed and stamped NOC/NDC/acknowledgment.

Please study the terms of termination of service in your appointment letter and post in the forum what does it state.

If it is mentioned after confirmation of service notice period is 2 months or salary (basic/gross/CTC) in lieu of salary then your liability is only up to the amount equivalent to balance number of days, and therefore you can ask the company in writing by letter to supply you the acceptance of your resignation and deduct one month notice pay in your F&F ,from your payable dues and earned leave etc, and supply you by registered post, the F&F,form16,work experience certificate, relieving letter, NOC/NDC,PF accumulation report, PF withdrawal/transfer forms , payment of dues, etc.

If you are facing any difficulty you may submit letter by registered post/speed post with AD or at the desk in your company where all mail of the company is received and obtain acknowledgment with seal and signature on the copy of your letter,

addressed to, your appointing authority, MD, Company Secretary, and mention that as per terms of employment mentioned in your appointment letter you have submitted your notice of resignation dated........effective from dated..........and have communicated to Mr........(your reporting authority) and Mr.............(HR guy) on dated ..........and reminded on dated...........to deduct the notice pay for .days from your  payment of your wages and dues in your F&F and despite your representations the following documents :

;acceptance of your resignation,F&F,form16,work experience certificate, relieving letter, NOC/NDC,PF accumulation report, PF withdrawal/transfer forms , payment of dues etc, have not been supplied to you therefore their good offices, are requested to intervene and supply you the documents and dues (say) within 15 days.

You can take the help of your elders in the family, experienced and competent people known to you and your family of your lawyer/law firm, to draft your letters.

If still they do not adhere to the terms of contract of employment you have the option to issue legal notice and thereafter complain to the local labor inspector.

Dharmesh (Manager Systems )     23 May 2011

Hi Kumar,

 

Thanks for prompt response. My question is remain same as mentioned below.

If they are keep quite & not answer me till my last day (30 May 2011), So I can submit my belongs to my supervisor & moved out. I'm okay with not getting realiving letter.

In this scenario what rights they have ? Can they go to legal against me ? Can they stop me to work  with prospactive emp. ?

Because I'm fed-up now, It's become mental harsment situation form me.

I don't want any thing as I'm going out side India for business.

Pls suggest...

 

Regards,

 

Dharmesh Kadia

Kumar Doab (FIN)     23 May 2011

Your appointment letter is not seen.

Hope you have not signed any kind of bond, and you have not issued any kind of cheque.

It shall be appropriate to show all documents to your lawyer/law firm and let them draft the suitablew communication for you after looking your documents.

From what you have posted in your query it seems that your liability is limited to submit notice pay only.


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