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(Guest)

Short notice period - required urgently

Dear All,

 

I have recently resigned to a MNC and accepted offer in another one. I have joined my new company and completed joining formalities by 3-APR-2012. I have signed the offer letter and they have provided me new ID card. But the posting location is very far from the city. I have requested my recruiting HR to change the same but he told it is not possible. I went to the mentioned reporting location for last 2 days, I didn't like the working enviroment of my new company. I want to quit this company as I have another offer valid till 23rd April 2012.

Now please advice me what I need to do in order to quit this company. My notice period agreed in the offer letter is 60 days. There is clause mentioned in the offer letter as " Either party can terminate this employment by serving a notice of 2 onths on the other. The company may at its absolute make a payment representing salary(basic) in lieu of notice termination."

I am still in pool not allocated to any assignment. I want to quit this organization as soon as possible.

Please advise.



Learning

 5 Replies

Kumar Doab (FIN)     06 April 2012

2 days is too short a period to justify, and firm up an opinion. You should give an opportunity to the employer by sharing your feelings about work culture. Employee should inquire about the company, location, work culture, products, ranking, and image in the market before joining. It shall be difficult to justify this employment of 2 days in future.

Has the company issued offer letter only or has issued appointment letter also? Has the company mentioned any clause that if the candidate does not join...............amount shall have to be paid? Did the company mention location at which you have to join the duties, and if yes then you have accepted the location? If no location is mentioned and you mentioned location preferred in your job application then you may rake up the issue and add conduct, work culture at work place. Has the company offered any compensation in your CTC to relocate from your current location?

The quickest and easiest solution shall be to share your reservations and obtain waiver from penalties and get relieved. You shall need to apply your reasoning, convincing, and negotiation skills.

Or at the most you may have to tender notice pay @ basic/gross pay as agreed by you. You may check the SE Act applicable to your state and find the notice period mentioned and peruse with the company to accept notice pay accordingly.

 


(Guest)

Hi Kumar,

Thanks for your prompt reply. I understand that 2 days is less time to decide the work culture of a company. But I am worried of my present situation also as I am on bench.

I want to just check with you people before proceeding further, as I am ready to pay the amount as mentioned in the offer letter.

I had only copy of offer letter with me. The joining location was not mentioned before but at the time of joining i.e.. in adminstrative office they have given a paper which I have signed, has this location.

I just want to check if I can quit this company with out any problems since I don't require relieving letter or experience certificate as it is only 2 days.

I am reiterating I can pay the amount as agreed in the offer letter  and I don't know about appointment letter it is not given to me.

Kumar Doab (FIN)     07 April 2012

Your liablity is at the most to tender notice pay.

You have posted that:

--"The joining location was not mentioned before but at the time of joining i.e.. in administrative  office they have given a paper which I have signed, has this location."

Company must have mentioned location in the advertisement by it or thru consultant, and you must have mentioned location in your job application.

The location of posting should have been mentioned in the offer letter or company could have mentioned in offer letter that location shall be issued after acceptance of the offer or at time of joining. Company should have provided copy of all documents on which it obtained your signature or you should have demanded and obtained copy of all documents.

--Are you appointed as a Probationer? If yes you can negotiate with the company to accept notice period applicable to probationer as per SE Act and notice pay @ basic/gross pay as agreed in your offer letter, since no appointment letter was issued and supplied to you on the date of joining.

Secondly you can ask for copy of the certified standing orders of the company and may look into notice period/pay applicable to probationer.

--Or you may offer to tender notice pay (verbally) as per FNF statement and take your call on receipt of FNF statement. You may make the payment by cheque favoring the company under proper acknowledgment and obtain a written confirmation that company has closed the matter without any adverse comments against you in your personnel file.

You may proceed as deemed fit.

 

Shilpa Rajdev (Assistant Manager Admin)     19 April 2012

Dear Sir,

i left my revious company on short notice period  and confirm the same with the employer as well as there was an issue of delaying salary by 3 - 4 months  after resignation they put my rest of the salary on hold (i.e. 2 months Salary) , i mailed them many time and visited the premises as well but i am not getting any revert from their side , what can i do?

 

Help me with Proper guidance.

 

Thanks & regards,

Shilpa Rajdev

Kumar Doab (FIN)     19 April 2012

@ Shilpa,

You should have mentioned in writing by letter addressed to the good offices of your appointing authority, MD, Company Secretary with a copy to Head-HR,under acknowledgment, the hardships being faced by you due to non payment of salary by the company, followed by reminders. The employer which does not pay salary becomes unworthy of being employed with. This could have become contention for separation and you should have demanded that company should not impose notice pay since company is fault.

You may now narrate all representations made by you in person, by email, letter etc adddressed to good ofices, mentioning name,designation, department of all personnel of the company to whom you had represented and conclude that since company did not pay salary you had no other alternative but to look for your source of livelihood to support you and your family in some other company, and company does not desrve to levy notice pay and it should be waived off.You may also conclude that Mr./Ms.........stated that FNf setllement shall take another 2 months and thus you shall get your wages say after 6 months, which is unfair and unacceptable to you, and to supply you FNF statement and payment of your dues by bank DD only say within next 7 days, by redg/speed post only and a self addressed postage prepaid envelope is enclosed herewith.

The wages should be paid to the employee on last day in office, or within next 2 days.Usually companies agree to pay say 80% of the dues on demand immediately and rest in FNF settlement.2 months for FNF setllement is unreasonable, and unfair. has the company mentioned pay day in your appointment letter?

If the good offices do not provide relief or maintain studied silence you have the option of lodging a complaint with O/o labor Commissioner/Wages Inspector and to approach a comeptent and experienced service lawyer.

If there are many employees like you all of you can join hands and approach the lawer or O/o labor Commissioner/Wages Inspector jointly. This should resolve your problem.

Yu may obtain copy of certified standing orders of the comapny, from your company and , SE act applicable to your state from Labor website or market.

I


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