Request an answer around my rights during notice period

Are you talking of taking a long leave, or quit the organisation for good?

In case you are taking a long leave, then it is unfair, as you have communicated the intent long ago. However, I hope you have necessary proof, in the form of emails, etc.

However, in the case of resignation, you ought to serve the notice period as per the conditions of employment, as it is an undertaking that you have already signed. In case of an early relieve, the company stands the right to decide on whether the notice period should be waived off, or it should be recovered from you.

I'm not sure what kind of a company you work for, but this decission, usually vests with your manager. I'd suggest that you have a personal conversation with your manager, first!

Hope this helps!

Submit in writing that you have trained/transferred the knowledge to  Mr/Ms………... designated as your replacement by Mr/ Ms…………………designation……………on dated………………..after submission of your notice of resignation dated………………on dated………….and you would like to be relieved on dated for the reasons(s) already explained to Mr/Ms……………..on dated……………..in person in office.

YOU may add that the designated replacement is fully trained and is productive, and no task are pending at your end as on date and from this date onwards routine duties be assigned to you that can be completed within and up to last date in office i.e dated…………… and any exit formality that is to be completed be completed well in time and your FnF wages and documents be supplied to you on your last date in office i.e. dated……………….

You may add that correct FnF statement be supplied to you for verification and acceptance beforehand so that FnF settlement can be effected by your last date in office.

You may affirm that notice pay for shortfall in notice period be adjusted in FnF statement @ Basic+DA ( or as agreed upon by you……………).

You are entitled for payment of wages up to last day worked by you and employer is duty bound to supply the acknowledgment of notice of resignation, acceptance of resignation, correct FnF statement, FnF wages as per correct FnF statement by bank DD, service certificate, relieving letter (with good comments;;;; avoid without comments and of course with adverse comments) , Form16 as per correct FnF statement, PF number-a/c slips of each year of service, ESIC card, NOC/NDC, salary slip of each month, within close of office hours of last date in office.

You may add that since you have to leave the country and for the same reason you have resigned the needful may please be done and confirmed to you.

Notice period/pay is not dependant on appointment letter alone.

 You may go thru:

https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U3iSoEeBmXU

In case you are not covered by enactments cited in above mentioned thread and service conditions are governed by appointment letter then you may close the issue by obtaining payouts after adjustment of notice pay and documents, by your last day in office.

Once you have left for abroad it shall be difficult for you to followup.

The employer can waive off the notice period/pay. If you wish you may apply your rapport, goodwill, persuasion, persistence, reasoning, negotiation skills and resolve the matter in your favor. If employer i.e appointing authority, MD etc agrees obtain the concurrence in writing.

 Try and separate at a good note and defend your interest too.

Thanks Mr. Anoop K but more importantly Mr. Kumar Doab thanks to you.. I was sure there is a law that nullifies employers forceful imposition of notice period, but ur link to the oher thread further clarifies my legal standpoint. I am hopeful that the company and management will consider my request as I have been most productive and got them accounts that are the biggest in the market, cant go higher than that.. but it is nice to know my rights just in case. I shall post what has happened hereon in this forum so the next person is equally empowered with information.

Thanks Again.

agreed with Mr Kumar Doab

Dear All,

In continuation, in respect to the pay-off compensation towards notice period falling short does the HR have right to claim basic salary or entire package based amount depending on number of short days? or does it depend again on the HR letter signed?

Thanks.