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according to the service rule of an organization, you have to notice before 90 days. but as you are saying you have the conviction there is no problem in legal case.don't worry .inform it to your director.
From India, Hyderabad
Dear Nitasha,

After reading all your your posts, I wonder if I may infer that you are being treated in a very unfair manner.

You resigned and stated specifically that you would be able to give only 12 days' notice and requested that you be relieved after completing the handing over exercise which you did. (I am supposing you did so)

Your HOD also reccommended that the balance Notice Period be waived in your case.

Now, the HR should have sent you a Resignation Acceptance Letter clearly stating that your request for waiver of balance Notice Period was not accepatble to the management and that you are obliged to serve out the complete 90 days' Notice Period or pay to the Co. salary in lieu of the said Notice Period.

It is absolutely unjust and unfair on part of your HR to spring a surprise on you at the time of settling your dues in Full & Final. (I am once again supposing that it happened so)

Under the circsumstances you could request your management to:

1. Waive of the balance Notice Period as a special case, if not...
2. Allow you to serve out the balance Notice Period and settle the issue once and for all.
3. Request that you be allowed to refund to the Company the payable amount in easy EMIs.

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I have tried to construct your case based on inferences I have drawn from our posts and some suppositions.
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You have stated that you wanted to leave early on account of financial reasons...well if it were to be so...why not carry on working...I am not clear on this...) Like someone said, we cannot really comment accurately in the absence of complete facts) It seems most likely that yoiu were in a hurry to leave only to take up a better paying job.
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Best Wishes,

Vasant Nair
Director
Karma-HR

From India, Mumbai
Hey .....Why dont you ask your immediate resporting manager to come into this picture ??? Is he not supporting you ????
From India, Bangalore
Hey .....Why dont you ask your immediate resporting manager to come into this picture ??? Is he not supporting you ???? Also do you have any proof that the notice was waved offf by HR team as well ????
From India, Bangalore
Dear nitasha,
Notice Pay waive off is purely under HR Decision only. All other User dept. may only REQUEST for waiving off.
If your service is under probation you need not to pay notice pay, and the Notice period is only applicable for confirmed employees. Probation period should be clrearly mentioned in A.O. letter.
More over the Notice Period is clearely mentioned in the Appointment letter.
So we have to serve till that Notice period when we resigned voluentry.
If its not possible to work till the notice period then the Notice period can be adjusted against our leave balance or we can pay the notice pay.
The Notice pay can be waive off if the resignation is not voluentry or termination by the company. Even some of companies paying Notice pay at the time termination.
Finally according to my point of view as per HR says you have to pay the Notice pay (If you are a confirmed employee)....and you can claim the same amount in the new company by request.
-c Kums (HR)

From India, Madras
It will be a good idea to go through the clause in your employment agreement dealing with "the notice period." The wording may come to your help. Similarly the wording of your resignation letter may also help you. Did you say anything about your notice period in your letter? Did you refer to your discussion with your boss in that letter? Did you ask for a waiver? What was your boss's endorsement on the resignation letter?Did the relieving order ask you to pay the amount? Or did the management write to you subsequently? In any case I presume there is no provision in the employment contract for payment of interest. So there is no hurry to pay until you have explred other possibilities. If there are no dues from the employer, I can't see how they can recover it from you after you have ceased to be an employee. If the relief order was conditional, they should have said so and then it would have given you the option of taking back the resignation letter and serving for the remaining period. The "financial reason" has no force and you should not depend on that reason.
Prof. N. Natarajan

From India, Madras
An organization has to execute the rules for their better managment. Waival of the cluases in your appointment may take place through collective bargaining. Every manager has to obey the organizational policiesm, then only the team members will folow suit. Your Immediate Boss has taken his own decision by ignoring the HR policies and Guidelines, and with that you were given the strong faith that you could be relieved with hazzles. In case, your joining in the new organization is to take place very immediately by you without observing the rules, you should have discussed with your HR Department informally and pacified them by making them to understand the intricacies in the matter. Of course, no management is against the will and pleasure of any employee, and HR is for helping the human beings of their organization and not to harass them. Henceforth, please study and observe the HR policies and add weight to the same. Once waival is considered in one case, it might cause much embarrassment to HR Dept.,
From India, Pune
As per terms of appointment notice period has to be served or payment made in lieu of notice. You department head's recommendation to consider your request for waiver does not mean that the request has beeen accepted. It is purely the management's decision which is conveyed through the HR department. In case of failure to comply, the company has the option to go to court if it so desires
Regards
Rattionalraj

From India, Bellary
Hi: Could see your request and many valuable suggestions. Coluld u pls elaborate the following beforing a firm view is given:
1. Exact requst made by you.
2. Mail wordings of your HOD.
3. Communication from HR - with regard to your resignation, recommendation of ur HOD AND view of company while accepting your resgn.
4. Communications of HR before you are relieved and what exactly they communicated while accepting the resgn and relieving you.
5. Commn you got after you are relieved.
It apprears there is scope to save you.
Good luck.
Pramod


Hi Nisha,

Two things are apparent here, firstly it is clear that you have changed your job with high pay to meet your family commitments. I completely agree to this. From the perspective of the Management it is clear that you are progressing higher. On the contrary the Management is also under loss of resource. In order to fulfill its need the Management has 2 options :
a) To replace your position with permanent employee who can be on board; or
b) To hire a temp consultant till someone is on board.

As a matter of interest, my query is who should bear this cost?? If you can answer this question, it is clear that you must pay the notice period.

Secondly, when your Boss sent you a waiver, it is not the boss but the HR department who is answerable for the costs. If you have not communicated even then it is the toll of the Management to waive or unwaive the notice period.

Apparently, it is good on your part to pay the Notice period to be on good terms to get relieved and have good records in the books of HR.



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