Dear All,
with 1 week's notice through email. But now he is very pissed off and asked me to pay 3 months salary as mentioned in the offer letter.
I thought of ending up the contract by adjusting one month's basic salary from my unpaid salary, but now i feel that i would have acted smart if i would have got the cheque and left the company without any reasons. We had a long discussion about it, my boss shouted, yelled, humiliated me, but i was very confident of my decision. It was a tough time for me to explain the reasons of leaving without serving the full notice period. Later on he agreed for me to serve notice period of one month and leave the organization or else he will sue me big time.
Now i am confused that what if i continue the services, will i get my previous month salary and salary for the notice period served. But i am sure the way he was negotiating with me i believe that he needs me at least for a month cos the work might get affected if i leave too early and they won't be able to find any replacement so early also.
As asked by my boss to serve 1 month's notice, I have decided I would continue the services and will extend my notice period for one month only if they pay me previous month's salary and confirmation of getting full and final settlement after serving 1 month's notice period.
These were the clauses mentioned in my offer letter and appointment letter :
OFFER LETTER
Notwithstanding any other provision of this Agreement, this Agreement may be terminated by either Party by providing sixty (60) days prior written notice to the other Party, or by payment of basic salary in lieu of notice in case of termination of employment by the Company.
APPOINTMENT LETTER
Should you wish to terminate your services with the company, you will be at liberty to resign from our employment with three month's prior notice. It will be the company's discretion to decide whether you should work for full period of the notice or whether your services shall terminate at some earlier date.
Now i have few questions which i need to clarify from all you experienced people to help me take the decision as soon as possible ;
1) Is it still a wise advice to continue and serve notice period and be assure there won't be any problem.
2) Is there any way i can get my unpaid salary of whole 1 month.
3) Can my boss actually sue me because i did not serve 3 months notice period.
4) How can i get my full and final settlement by adjusting the basic salary as mentioned in the clause.
5) What is the format for extending notice period and confirmation for getting full and final settlement after serving 1 month's notice period as asked for.
6) HR person has given me the copy of Appointment letter but has still not provided me the copy of offer letter as he told me its the same as provided in the email. So, is it necessary to ask for the copy in case they sue me for anything later.
7) Can they hold me responsible for any of the subsequent project failures – and file a suit against me to that effect?
Overall the main thing was to have good relations with my boss and end up the contract professionally and also not to be counted as ABSCONDING case. But now he wants me to serve one month notice period or else i should be ready to run to courts for hearings..What Should I do???
From India, Delhi
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with 1 week's notice through email. But now he is very pissed off and asked me to pay 3 months salary as mentioned in the offer letter.
I thought of ending up the contract by adjusting one month's basic salary from my unpaid salary, but now i feel that i would have acted smart if i would have got the cheque and left the company without any reasons. We had a long discussion about it, my boss shouted, yelled, humiliated me, but i was very confident of my decision. It was a tough time for me to explain the reasons of leaving without serving the full notice period. Later on he agreed for me to serve notice period of one month and leave the organization or else he will sue me big time.
Now i am confused that what if i continue the services, will i get my previous month salary and salary for the notice period served. But i am sure the way he was negotiating with me i believe that he needs me at least for a month cos the work might get affected if i leave too early and they won't be able to find any replacement so early also.
As asked by my boss to serve 1 month's notice, I have decided I would continue the services and will extend my notice period for one month only if they pay me previous month's salary and confirmation of getting full and final settlement after serving 1 month's notice period.
These were the clauses mentioned in my offer letter and appointment letter :
OFFER LETTER
Notwithstanding any other provision of this Agreement, this Agreement may be terminated by either Party by providing sixty (60) days prior written notice to the other Party, or by payment of basic salary in lieu of notice in case of termination of employment by the Company.
APPOINTMENT LETTER
Should you wish to terminate your services with the company, you will be at liberty to resign from our employment with three month's prior notice. It will be the company's discretion to decide whether you should work for full period of the notice or whether your services shall terminate at some earlier date.
Now i have few questions which i need to clarify from all you experienced people to help me take the decision as soon as possible ;
1) Is it still a wise advice to continue and serve notice period and be assure there won't be any problem.
2) Is there any way i can get my unpaid salary of whole 1 month.
3) Can my boss actually sue me because i did not serve 3 months notice period.
4) How can i get my full and final settlement by adjusting the basic salary as mentioned in the clause.
5) What is the format for extending notice period and confirmation for getting full and final settlement after serving 1 month's notice period as asked for.
6) HR person has given me the copy of Appointment letter but has still not provided me the copy of offer letter as he told me its the same as provided in the email. So, is it necessary to ask for the copy in case they sue me for anything later.
7) Can they hold me responsible for any of the subsequent project failures – and file a suit against me to that effect?
Overall the main thing was to have good relations with my boss and end up the contract professionally and also not to be counted as ABSCONDING case. But now he wants me to serve one month notice period or else i should be ready to run to courts for hearings..What Should I do???
From India, Delhi
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AnamiKadeviji,
The majority of organizations that practice such clauses know their position is weak in laws, but despite this knowledge, they deliberately incorporate these clauses. Employers use such clauses as a deterrent and nothing more, to prevent suing any employee.
This clause is meaningless if you complain to the Labor Inspector or Commissioner's office. Your boss will withdraw all clauses.
Basically, probationary employees are not bound by such clauses.
Regards,
Sawant
From Saudi Arabia
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13The majority of organizations that practice such clauses know their position is weak in laws, but despite this knowledge, they deliberately incorporate these clauses. Employers use such clauses as a deterrent and nothing more, to prevent suing any employee.
This clause is meaningless if you complain to the Labor Inspector or Commissioner's office. Your boss will withdraw all clauses.
Basically, probationary employees are not bound by such clauses.
Regards,
Sawant
From Saudi Arabia
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Thank you so much, Sawant ji. It actually boosted my confidence for taking further steps. I am planning to demand my previous month's salary, and once it gets cleared, I will extend my notice period to one month; otherwise, I will stop going to the office from the next day on.
From India, Delhi
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From India, Delhi
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Anamika ji, I just want to know, in your situation, if you are serving a notice period of six months and are ready to serve for one month, is there any written law against this act?
A friend of mine is facing some problems in her current job. She is willing to join another company and wants to leave her current job. Her boss is forcing her to complete a notice period of three months, which she is not willing to do because of a colleague who is also a relative of her boss.
From India, Bhopal
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A friend of mine is facing some problems in her current job. She is willing to join another company and wants to leave her current job. Her boss is forcing her to complete a notice period of three months, which she is not willing to do because of a colleague who is also a relative of her boss.
From India, Bhopal
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Yes, Mr. Kunjan, just check this clause which might answer your question:
Should you wish to terminate your services with the company, you will be at liberty to resign from our employment with three months' prior notice. It will be the company's discretion to decide whether you should work for the full period of the notice or whether your services shall terminate at some earlier date.
From India, Delhi
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Should you wish to terminate your services with the company, you will be at liberty to resign from our employment with three months' prior notice. It will be the company's discretion to decide whether you should work for the full period of the notice or whether your services shall terminate at some earlier date.
From India, Delhi
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Anamika,
Everything works on personal rapport in all organizations irrespective of the class, i.e., Government, Private, MNC, etc. I have served in the Army, RBI, and now I am with an MNC. From 12 years of professional experience, I can say that everything is possible; all waivers can be given, and most rules can be made-to-order only if you share a good rapport. And, mind you, I am not talking about anything illegal.
It is important to build good relationships with everyone around you. I am sure you have done that. But if you and your boss are not seeing eye-to-eye, things have come to this. It is at the discretion of the Management (reads Boss) to waive off the notice period/payment of basic pay. If you try to patch things up with your boss, work as hard as you can until the day you step out of the organization, things will become easier for you.
Do not burn bridges (cut off relationships) just because you have decided to leave the organization. Who knows, the same boss may join the new organization you have joined two years from now.
My suggestion: Walk up to your boss, say that you are going through a rough patch, and need his assistance. Personal differences aside, express your wish to continue working for the notice period and assure him that you will work hard. Request your salary after a week of this conversation. I am sure things will work out better for you. Also, ignore the threats that you have to run to court and all; that is an empty threat. But as you wish, why should we sour relations, right?
Hope things turn out better for you. Good luck!
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Everything works on personal rapport in all organizations irrespective of the class, i.e., Government, Private, MNC, etc. I have served in the Army, RBI, and now I am with an MNC. From 12 years of professional experience, I can say that everything is possible; all waivers can be given, and most rules can be made-to-order only if you share a good rapport. And, mind you, I am not talking about anything illegal.
It is important to build good relationships with everyone around you. I am sure you have done that. But if you and your boss are not seeing eye-to-eye, things have come to this. It is at the discretion of the Management (reads Boss) to waive off the notice period/payment of basic pay. If you try to patch things up with your boss, work as hard as you can until the day you step out of the organization, things will become easier for you.
Do not burn bridges (cut off relationships) just because you have decided to leave the organization. Who knows, the same boss may join the new organization you have joined two years from now.
My suggestion: Walk up to your boss, say that you are going through a rough patch, and need his assistance. Personal differences aside, express your wish to continue working for the notice period and assure him that you will work hard. Request your salary after a week of this conversation. I am sure things will work out better for you. Also, ignore the threats that you have to run to court and all; that is an empty threat. But as you wish, why should we sour relations, right?
Hope things turn out better for you. Good luck!
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I agree with Shakiieel; do not burn bridges. This is very true. You may not know if he/she may join the same company where you may be looking for a job. It's better to maintain good relationships no matter what situation you may have come from. Good luck.
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Hi Anaamika,
"But I am sure the way he was negotiating with me, I believe that he needs me at least for a month because the work might get affected if I leave too early, and they won't be able to find any replacement so early also."
Well, if you know that work will be affected if you leave them at such short notice, then it would be unfair on your part to leave like this.
OFFER LETTER
Notwithstanding any other provision of this Agreement, this Agreement may be terminated by either Party by providing sixty (60) days' prior written notice to the other Party, or by payment of basic salary in lieu of notice in case of termination of employment by the Company.
APPOINTMENT LETTER
Should you wish to terminate your services with the company, you will be at liberty to resign from our employment with three months' prior notice. It will be the company's discretion to decide whether you should work for the full period of the notice or whether your services shall terminate at some earlier date.
I need some clarification here... Your Offer Letter says it's a 2-month notice, but your Appointment Letter says 3 months. Which one of these is correct, and which one is applied to Probationers? Check your HR Manual. It will have all answers. Else, ask your HR. Also, check with your HR as to why there is a delay in your salary processing. Maybe they have some genuine unavoidable reasons.
Discuss with your boss why exactly you are not able to continue there. Tell him that you are willing to serve the required notice period as you don't want the work to be affected. End your discussions on amicable terms. And don't worry about the legal hassle... he cannot sue you, but your reputation will take a major beating if you leave without informing.
From India, Hyderabad
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"But I am sure the way he was negotiating with me, I believe that he needs me at least for a month because the work might get affected if I leave too early, and they won't be able to find any replacement so early also."
Well, if you know that work will be affected if you leave them at such short notice, then it would be unfair on your part to leave like this.
OFFER LETTER
Notwithstanding any other provision of this Agreement, this Agreement may be terminated by either Party by providing sixty (60) days' prior written notice to the other Party, or by payment of basic salary in lieu of notice in case of termination of employment by the Company.
APPOINTMENT LETTER
Should you wish to terminate your services with the company, you will be at liberty to resign from our employment with three months' prior notice. It will be the company's discretion to decide whether you should work for the full period of the notice or whether your services shall terminate at some earlier date.
I need some clarification here... Your Offer Letter says it's a 2-month notice, but your Appointment Letter says 3 months. Which one of these is correct, and which one is applied to Probationers? Check your HR Manual. It will have all answers. Else, ask your HR. Also, check with your HR as to why there is a delay in your salary processing. Maybe they have some genuine unavoidable reasons.
Discuss with your boss why exactly you are not able to continue there. Tell him that you are willing to serve the required notice period as you don't want the work to be affected. End your discussions on amicable terms. And don't worry about the legal hassle... he cannot sue you, but your reputation will take a major beating if you leave without informing.
From India, Hyderabad
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Hi Anamika,
Senior and learned members of the community have already suggested practical ways out of the situation. I would just like to add my bit to it.
First of all, I would like to know your reason for resigning from the current organization. Is it only because your company has not paid you the last month's salary, or are there other reasons like better prospects, dissatisfaction with the current job role, etc.?
If it is only because they have not paid you your last month's salary, then you have every right to quit the company because none of us work for charity. Just as you are bound to give your 100% to your job, serve your notice period, and have a clean exit from the company, the company is also committed to paying off your salary.
If you are leaving the organization for some other reasons, then I suggest you do some rethinking because I guess one month is too short a period to understand your roles and responsibilities in the organization.
Lastly, I would like to say that I agree with the other members of the community who have pointed out not to "burn the bridges" and to have a clean exit. I know it will be extremely difficult for you to do that at this point in time as things have already gone sour, but there is no harm in trying, right? I suggest that you at least serve a notice period of one month so that you can finish off your pending work. Myself being an HR professional, I understand how difficult it is to get a replacement for a person who has left the organization without notice, so please don't do that.
Moreover, if you leave your work unfinished, it might also happen that your current organization provides negative feedback on your profile to your prospective employers.
I hope this makes sense to you.
All the best.
Thanks and Regards,
Indrani Chakraborty
From India, Pune
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Senior and learned members of the community have already suggested practical ways out of the situation. I would just like to add my bit to it.
First of all, I would like to know your reason for resigning from the current organization. Is it only because your company has not paid you the last month's salary, or are there other reasons like better prospects, dissatisfaction with the current job role, etc.?
If it is only because they have not paid you your last month's salary, then you have every right to quit the company because none of us work for charity. Just as you are bound to give your 100% to your job, serve your notice period, and have a clean exit from the company, the company is also committed to paying off your salary.
If you are leaving the organization for some other reasons, then I suggest you do some rethinking because I guess one month is too short a period to understand your roles and responsibilities in the organization.
Lastly, I would like to say that I agree with the other members of the community who have pointed out not to "burn the bridges" and to have a clean exit. I know it will be extremely difficult for you to do that at this point in time as things have already gone sour, but there is no harm in trying, right? I suggest that you at least serve a notice period of one month so that you can finish off your pending work. Myself being an HR professional, I understand how difficult it is to get a replacement for a person who has left the organization without notice, so please don't do that.
Moreover, if you leave your work unfinished, it might also happen that your current organization provides negative feedback on your profile to your prospective employers.
I hope this makes sense to you.
All the best.
Thanks and Regards,
Indrani Chakraborty
From India, Pune
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Hi Anamika,
I think you should discuss all the things with your boss openly and should not give a threat of law and legislation. Tell him clearly about the notice of one month. As per law, you are on a safer side because:
1) If you have not signed the offer letter and appointment letter, it's incomplete.
2) Every employer should give the salary/wages within the seven days of the coming month. But you have not received your salary for the last 1-2 months without any intimation from the employer. So, it's illegal.
3) You are ready to serve the notice period of one month and ready to pay for the shortfall of the notice period; you will get a benefit in the labor court.
Please keep in mind that the labor court should be the last option in any case. No doubt that the case will be in your favor. Again, I will say that it would not be a professional way to do the things you are supposed to be a good professional.
Regards,
Dinesh Kumar
From India, Faridabad
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I think you should discuss all the things with your boss openly and should not give a threat of law and legislation. Tell him clearly about the notice of one month. As per law, you are on a safer side because:
1) If you have not signed the offer letter and appointment letter, it's incomplete.
2) Every employer should give the salary/wages within the seven days of the coming month. But you have not received your salary for the last 1-2 months without any intimation from the employer. So, it's illegal.
3) You are ready to serve the notice period of one month and ready to pay for the shortfall of the notice period; you will get a benefit in the labor court.
Please keep in mind that the labor court should be the last option in any case. No doubt that the case will be in your favor. Again, I will say that it would not be a professional way to do the things you are supposed to be a good professional.
Regards,
Dinesh Kumar
From India, Faridabad
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Thank you, everyone, for all your support and advice. Today, my boss relieved me from my services by responding positively to the resignation email I sent. He has accepted my resignation and waived off my notice period. I also received assurance from the Accounts Department that I will receive the Full and Final settlement. I am glad about the response and believe in the rule of honesty.
From India, Delhi
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From India, Delhi
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Withdrawl of Resignation and Notice period.doc
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