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stephen   23 October 2017

Notice period payment and termination of employment

sir eight months back i have joined garment oriented pvt ltd company ,after 8 months over i am not able to work due to heavy mental pressure and long working hours so i had volunteerly relive my job without any notice or information to the manager now the management come back with advisory note pay notice period amount or join the work but i dont have interest to re join my appointment letter says like that /////After being confirmed, your services may be terminated by either side by giving one month's notice or one month's salary in lieu of notice. It is the Management's discretion to waive off the notice period and accept resignation only on the merit of individual cases.//// kindly advise my questions 1. what i suppose to do shall i pay the notice period amount or ignore the advisory note 2. if they terminated my employment what may be the causes how is affect and how its affect in future


Learning

 7 Replies

Guru Guide   23 October 2017

You will have to pay the notice period pay or you can be made liable to disciplinary action or terminated from service with stigma of unauthorised absence from duty, which may hinder your future employment also.

(Guest)

Well explained by the expert.

 

Kumar Doab (FIN)     23 October 2017

The employee should while in employment, instead of absconding/abstaining/absenting build irrefutable written record of greivances like mentioned by you and leave by tendering written communication under proper acknowedgment.

 

If you have already/by now sent notice/resignation by post attach a copy and communicate your decision to separate.

 

Kumar Doab (FIN)     23 October 2017

Notice period/pay of 30days may not neccessarily apply in your case.

 

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

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

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

Kumar Doab (FIN)     23 October 2017

Similar query has been discussed  in many threads that you can ‘SEARCH’ in ‘SEARCH’ option on middle of right hand side of this web page in Experts section and in ‘SEARCH’ option on bottom of right hand side of the web page in Form section…………….

 

You can also ‘SEARCH in other sections e.g; Articles, Judgments, Files………… And download even citations, judgments, procedures etc etc ……… 

Kumar Doab (FIN)     23 October 2017

Avoid posting photos/names/email id/phone numbers/addresses etc etc or attaching any document containing photos/names/email id/phone numbers/addresses etc etc

 

and erase photos/names/email id/phone numbers/addresses etc etc while sending any documents to anyone, anywhere except your own very able senior LOCAL counsel of unshakable repute and integrity specializing in such/civil matters and having successful track record in handling such matters thru courts of law and with concerned authorities …


(Guest)

As usual, as of his bad habit of playing a number game, 4 vague and most irrelevant posts have been made by Mr. Kumar Doab. He could better have mentioned, in what way, the huge iformation sought for by him would be helpful in sorting out the problem of the querist, particularly when on unauthorised absence.

 

 


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