Help - Notice Period Waived Off - CiteHR
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Dear All,

I need help of all you expert people.

I had resigned with 12 days notice period instead of 90 days which is as per the company rules and policies, mentioned in the appointment letter.

The day i resigned, same day my head of the dept. sent the letter to HR Dept writing that he has no objection if i relieve in 12 days. After completing my handover in 8 days, i have submitted all the papers like exit form etc. The same day i got an email from HR dept where it was written that i have to pay salary for 78 days.

On the same email i requested to waive off my notice period because i had resigned because of financial reasons. My boss verbally commited me the waiver off notice period the day i resigned and he has sent a request to Hr Dept for waiving off my notice period.

Till the last day of my employement i didn't get any full & final where my notice period waiver was considered. Later on i got an email in my personal id where it was written by HR that we cannot waive off your notice period and they are asking for 78 days salary. which is around 60000/-

Now the HR dept is telling me that they will go for legal case if i will not pay the salary of 78 days.

Please help can they do legal case. I was the most junior in the dept, given my complete handover, i had taken the no objection from my head of dept.

I had taken the loan from the company which they had adjusted with my 16 days salary for which i don't have any issue as it was an salary advance which should be adjusted.

But now they are after me that i have to pay them the notice period.

PLEASE HELP WHAT SHOULD I DO? DO I HAVE TO PAY THEM THE NOTICE PERIOD.
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I have both the email where it has clearly written by my head of the dept that he has no objection of my leaving in 16 days. And in other email he has requested HR to waive off my notice period.
You have to give notice period for 90 days as per the terms of appt letter. If they release you before the expiry of notice period, you will be paid upto your last working day. otherwise, you have to comply with the conditions enshrined in your appt letter which was accepted by you while joining.
There can be another angle to it - if you have leave balance then you can reduce the serving time
Well when you have a written letter.. i suppose management is authorised to take certain decisions which is not in line with the letter of appointment looking at the reasons and looks that u have a genuine enough reason.. so you should be perfectly OK with it. This is what i think.
I wud suggest you forward the copy of Waiver by your HOD to the Director of the Company.Atleast if That director of the company has sense then he will give his reaction.As i believe those HR depts of the company dont have guts to legal end to recover from employee.They rae just threatening you.What HR people are ultimately normal people.U see wat reactions come then let me know then i guide further.
Rajesh
( rbalsara79 AT gmail DOT com )
The leave encashment has been adusted with my loan.
Is my boss request and recommendation is not enough to HR dept. I had resigned this job because of financial reasons as company was not increasing the salaries and i had taken the loan from the company because of some health problem with my family member.
My head of dept and HR, both were aware about this. Is my financial reason cannot become the special reason of waiving off my notice period.
Also is not my human right to ahead in my career.
Just to fulfill the company policy, do i have to serve for 78 days without any work. As last three days of my notice period, i was not having any work to do.
I had alerady forwarded both the email to the management, but still hr is sending me email for the payment of notice period.
Hello,

Your predicament is understandable but one cannot wish away facts!

In the instant case you have not stated/quoted relevant clause/s from your appointment/confirmation letter.

I need to know this vital information. Subject to the above, I ask you to check, if there exists a clause to this effect which you have accepted in your appintment letter. If, yes, what exactly is it?

If "waiver" is possible, then it ought to have been obtained "formally".

However if such a clause doe not exist, by any chance, my response would be different.

If you are bound by such a clause and have not obtained waiver formally, I am afraid you are stuck! You may only keep on representing (requesting, in fact!) and not demanding for a post facto waiver/compromise (which the company can do.)

In the alternative, the company is entitled to proceed against you in a court of law to recover this money. In all probability, this may not happen, as it would be rather costly to the employer by way of Advocate's fees and related expenses and therefore the company may keep a sword hanging over your head, hoping, someday you may succumb and pay up! But you cannot be certain that this will happen. The employer could even write to your new employer about your jumping the notice period and if that happens, it is possible the two employers will make this isue a common cause. If they do, that is bad news and an undesirable issue for your career in future!

Either let us look at absolute facts and decide how to act or take our chance hoping that the employer may indeed find a legal case to recover this monay to an uneconomic exercise and will also not write to the new employer!

It is difficult to take a position and advice anyone without all necessary facts in hand.

Trust you understand what is being conveyed in this response.

Regards

samvedan

June 25, 2010

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Here i would further suggest, if u have any friend from Legal Field , who has experience of such matters, then take his/her advice..And till that time do not pay any money to company.As and when HR Dept send u mail , you forward it to mgmt..Wait for six month..Because the HR Department can not go directly to the COURT, they have enough ground to go for case.And that's the reason they are sending u mail again n again.Atleast there wont be any case unless the communicate you for six months time.
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