Hi All,
Notice period duration in my company is 2 months.In my appointment letter ,it was mentioned that either party can terminate employment by giving 2 months notice or salary in lieu of.But in the exit policy of company they have mentioned that notice period will after after the acceptance of resignation.
Now I want to want to know that i resign then when the notice period will start-
1) the day i will send resignation mail
2) the day the resign will be accepted
I also heard that according to labour law in india maximum notice period in private org. can be 1 month but here it is of 2 month so can i report this matter to ministry if yes then how.
I want to teach them a lesson against such bad policy.
Please suggest.
From India, Delhi
Notice period duration in my company is 2 months.In my appointment letter ,it was mentioned that either party can terminate employment by giving 2 months notice or salary in lieu of.But in the exit policy of company they have mentioned that notice period will after after the acceptance of resignation.
Now I want to want to know that i resign then when the notice period will start-
1) the day i will send resignation mail
2) the day the resign will be accepted
I also heard that according to labour law in india maximum notice period in private org. can be 1 month but here it is of 2 month so can i report this matter to ministry if yes then how.
I want to teach them a lesson against such bad policy.
Please suggest.
From India, Delhi
Notice period can be interpreted differently. But it should be same for employee and employer. That means if the notice period starts from the date of acceptance of resignation then it should be same for termination and the date of notice period will start from the day on which the termination letter is handed over to the employee. In your case, you can work out on either way unless otherwise provided in your contract of appointment or in the standing orders of your company.
Now, coming to the notice period, it is not necessary that it should be one month. In case of Executives or Managers it can even be three months depending upon the terms of contract of employment. In the case of workmen who get protection under the Industrial Disputes Act, there is hardly any notice or notice period for them to leave the company, yet, inorder to terminate them the company needs to give one month notice in case the company is employing less than 100 employees or even two months notice in case the company has an employment strength of 100 or more workers.
Filing a suit against the company for notice period or its interpretation is not an easy task. Therefore, have an amicable talk and settle it.
Regards,
Madhu.T.K
From India, Kannur
4193Now, coming to the notice period, it is not necessary that it should be one month. In case of Executives or Managers it can even be three months depending upon the terms of contract of employment. In the case of workmen who get protection under the Industrial Disputes Act, there is hardly any notice or notice period for them to leave the company, yet, inorder to terminate them the company needs to give one month notice in case the company is employing less than 100 employees or even two months notice in case the company has an employment strength of 100 or more workers.
Filing a suit against the company for notice period or its interpretation is not an easy task. Therefore, have an amicable talk and settle it.
Regards,
Madhu.T.K
From India, Kannur
Dear Madhu.T.K,
i want to know if i resign on 10 oct and resign is accepted on 17 oct then notice period will start from 17 oct or 10 oct.
what if i dont get a acceptance of resignation with in 2 months.
From India, Delhi
i want to know if i resign on 10 oct and resign is accepted on 17 oct then notice period will start from 17 oct or 10 oct.
what if i dont get a acceptance of resignation with in 2 months.
From India, Delhi
I hope I have answered to your question. If there is no communication as to whether your resignation has not been accepted, you can treat it as accepted. But the problem is that will you be able to get a relieving order? No. Therefore, it is a matter of an understanding and nothing else. As per general practice, an employer is expected to give a reply within a reasonable time failing which the employee can treat it as accepted. Moreover, an employer can not play with the career of an employee nor can he compel one to work with him unless there is any specific reason.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
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