Notice pay if an employer refuses to accept notice period

svandana9 · #11 28-05-2008, 05:59 PM

I agree with Bibhutosh Bhaduria.

If it is mentioned in the company policies that in both cases Employer - employee will give one month notice or pay in lieu of them.

Then it is employer who will pay to employee for his shorting his notice period, without mutualy agreed.

Sincerely,

Vandana Sharma

Quote:

Originally Posted by Bibhutosh Bhadauria

Hi,

Offcourse Company has to pay a Notice Pay, beceause it is the company which wants the employee to quit early, not the employee as he has legally resigned and ready to render his services on the notice period.

The Company will have to pay the Notice Pay in this situation.

Thanks

Bibhutosh Bhadauria

swaminath · #12 28-05-2008, 06:12 PM

The document which confirms the organistion's policy on notice period is the Appointment Letter. The clauses stated in the Appointment Letter would give an idea of the situation in that organisation. Above everything else is the stand that the Management decides to take. So, always be on the right side of the Company Management.

rajanassociates · #13 29-05-2008, 10:24 PM

Dear all

It is simple.The notice period will import a date on which the resignation wiil come into force i.e after 30 days .The Company has to pay the salary till the notified date and can relieve him earlier.

V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries,
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail :

, rajanassociates@eth.net,rajanassocia...rm@gmai l.com
Off : 044-42620864, 044-65874684,
Mobile : 98401 42164.

sairaj100801 · #14 31-05-2008, 01:15 PM

Dear all

In my appointment order, our company is mentioning following words."
· In the event you resign after confirmation, you will be required to give three month’s notice or three month’s salary in lieu of notice"
What is the meaning for this, whether we will be given three month notice or three month amount to the mangement. but they don't mentioned any thing what they paid if they relieve immediately.

2nd query, now they used regular practice that if they relieve immediately they will give one month salary extra to the particular person.

My important query is that they ask us three month notice or three month pay and they only pay one month if they relieve us. what is our approach whether we should ask three month from them or accept one month. they dont give in words their points of notice amount. kindly explain and clear for handling the situation.

regards

sai

maheshppatel · #15 31-05-2008, 05:39 PM

Quote:

Originally Posted by sairaj100801

Dear all

In my appointment order, our company is mentioning following words."
· In the event you resign after confirmation, you will be required to give three month’s notice or three month’s salary in lieu of notice"
What is the meaning for this, whether we will be given three month notice or three month amount to the mangement. but they don't mentioned any thing what they paid if they relieve immediately.

2nd query, now they used regular practice that if they relieve immediately they will give one month salary extra to the particular person.

My important query is that they ask us three month notice or three month pay and they only pay one month if they relieve us. what is our approach whether we should ask three month from them or accept one month. they dont give in words their points of notice amount. kindly explain and clear for handling the situation.

regards

sai

Dear Sai,

1st query:
You have to inform before 90 days or You have to pay amount for that period .

2nd Query:
Its totally depend upon the circumstances & Mft discretion , may be waived NPS or not ? but workmen category can file a claim with concern state appropriate authority.

Mahesh Patel

sairaj100801 · #16 02-06-2008, 12:36 PM

Quote:

Originally Posted by maheshppatel

Dear Sai,

1st query:
You have to inform before 90 days or You have to pay amount for that period .

2nd Query:
Its totally depend upon the circumstances & Mft discretion , may be waived NPS or not ? but workmen category can file a claim with concern state appropriate authority.

Mahesh Patel

yes Mr. mahesh,

that means, if they insisted to give three months notice or three months pay to the employee as per appointment order( that also include if employer insisted to go immediately. then the employer should pay three months amount to the employee). is it right. kindly confirm.

regards

sai

maheshppatel · #17 03-06-2008, 11:18 AM

Quote:

Originally Posted by sairaj100801

yes Mr. mahesh,

that means, if they insisted to give three months notice or three months pay to the employee as per appointment order( that also include if employer insisted to go immediately. then the employer should pay three months amount to the employee). is it right. kindly confirm.

regards

sai

Yes, u R right , employer should pay 3 months salary .

Mahesh Patel

suresh.av · #18 04-05-2009, 03:19 PM

Hello Seniors

I am trapped in tricky situation

I've served 15 days notice instead of 3 months as per company's appointment letter. morever it has policy of 3 months in lieu 3 months basic

Company has accepted it through corporate email. now when i've joined new organization after couple of months company has send notice through lawyer saying that it has rejected your 15 days notice now you have to pay 3 month basic.

I am willing to pay unserved notice period (in this case : 2 month and 15 days)

I know its unethical practice of company to do so...

What could be my options?
even if they don't consider my 15 days notice , are they obliged to give that days salary?

So what could be my

Balaji Kuppuswamy · #19 04-05-2009, 03:33 PM

Hi,

Your view is correct.

kb

Quote:

Originally Posted by svandana9

I agree with Bibhutosh Bhaduria.

If it is mentioned in the company policies that in both cases Employer - employee will give one month notice or pay in lieu of them.

Then it is employer who will pay to employee for his shorting his notice period, without mutualy agreed.

Sincerely,

Vandana Sharma

Balaji Kuppuswamy · #20 04-05-2009, 03:46 PM

regarding the query of accepting the resignation and then sending lawyer notice by the employer to employee,

he can file a suit, (if he wishes) against the company and claim compensation only if the appt. order clearly says that co & employee either will have to give 3 months' notice period.

am i right

pl clarify

Quote:

Originally Posted by Balaji Kuppuswamy

Hi,

Your view is correct.

kb