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shreedharmech
Friends,

As all you know, all companies these days have notice period for the employee who resigns. It can be 2 months or 3 months. As per me, notice perioed can be applicable only if the employee is really working on some important projects where in his absense may cause damage to the company. So he will train the replacement and hence it makes sense to have notice period. Suppose say if an employee is kept in bench/no work for say 2 to 3 months and he was deeply hurted with the benc as he will be losing his precisous time and knowledge, he gets some job outside which can really improve his career growth and requires him to join immediatly and then comes this notice period as obstacle to his growth. Does this makes sense ?

In such cases if its not followed and left without serving notice period what can happen ? In this scenario, employee has signed during joining for the notice period clause also. So my question is , in this case, employee when wants to grow, compan y becomes obstacle for his growth so indirectly company is creating problem. So guyz, lemme know what can happen at the worst if notice periods are not served when there is a genuine resaon as I explained above ??

Awaiting for your answers,
Shreedhar Kulkarni.

From India, Bangalore
Kalyan R
13

Dear Shreedhar
Notice period will be normally mentioned in the Appointment Order, which will become service condition. Normally the notice period can be compensated by Notice pay. For example, the notice period is 3 months and if the person serves 2 months after putting down his resignation, he can compensate the remaining one month by paying the company salary for one month in lieu of notice.
In some cases, the companies waive off the notice pay and relieve the employees, but it is not mandatory. The notice period/notice pay varies from company to company.
As an employe,e it would always be better to either serve the notice period or compensate the notice period. A smooth relieving is always better as many companies do employment verification through reputed agencies.
Any deviation from the above will always be a risk. If the prospective employer comes to know about any such improper relieving, it will cause unnecessary problems.
Regards
Kalyan R

From India, Madras
P GPM
Hi Kalyan
Similar case: Employee is satisfactorily serving since 3 years. Notice period is 3 months. (S)He resigns clearly stating that - He will be able to serve 3 weeks of notice period and requests to plan for a Takeover of assigned activities and knowledge.
Now Manager/HR refuses to agree and asks for full 3 months of Notice to be served, which is not possible as next employer may not wait.
What will be a good way to handle such situation.
Thanks.

From India, Ahmedabad
tushar.swar
206

Dear Shreedhar,

I totally agree with Kalyan...

Applicability of notice period for any designation or nature of work is decided by Company & rights are reserve by themself,... that you can't decide by your logical way..

Notice is as mutual understanding with employer & employee, employer can be stick on rule or mutualy not to be consider. its totally depend on how is your relationship with your boss, mangament, company, they can waive off too in case of any geninuen reason, but, rights reserve with employer.

So, better, serve notice atleast as much as you can give, to avoid any discreepency in future.

Dear P GPM,

Your talking about the actual reality of situtation which arised mostly in life,, in that case, if you ready to compensate the said notice period with your salary (compensate the remaining one month by paying the company salary for one month in lieu of notice) can avoid any legal action, but its not clean chit that, your relieved from company properly. now, issueing the relieving letter is again reserved rights with company. so, you need to inform prospective orgnisation regarding the low chances of non getting of relieving letter in future due to said reason, if they are ready so there is no issue or build the good relationship with existing orgnisation & try to conveyanse them for relieving letter.

So, always better to follow the terms & Condition, which have mentioned in your employement letter to avoid get in any contravercy & get the clean chit on the same.

Regards,

Tushar Swar

From India, Mumbai
P GPM
Hi Kalyan and Tushar Notice served. Manager verbally agreed on 60 days and rolled back and written 80 days. Next employer was informed for 60 days. Now its a sandwich situation. Please guide futher.
From India, Ahmedabad
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