Company Is Relieving Before The Expiry Of Notice Period - CiteHR
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As every one said, you need to check your Appointment letter for getting an clear idea of company's take on this issue. Companies ask you to work for a specified period (like one month or two) after resignation, so that they can search for your replacement and proper handover of work can be done.
In your case they may have recruited your replacement or may have some one in mind already, that's why they are in a hurry of relieving you so early.
Although I personally feel this practice is not rationale. An employer will not issue a relieving letter till the time they find a suitable replacement for an exiting employee, even if the employee is ready to pay compensation for rest of the period. But with an option in Employer's hands, they forget all the terms and conditions.
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Once you resign from the company you should be happy when you get relieved so that you can join the new company. I am wondering why you are eager to work the whole notice period? The company may not want to let you start something that you cannot continue till the end. For your eligibility for salary during the notice period you should refer to your appointment letter or terms and conditions.
Dear friend,
You will find a clue from the follg. link where similar case was dealt.
http://www.lawyersclubindia.com/forum/Notice-Period-Salary-Disbursal-By-the-Employee-32843.asp
If you'll have any problem opening the link view the attachment.
I would suggest you to attend office continuously thro' out till date you wanted to get relieved. Before that you should ensure all your settlement issues are sorted out such as, gratuity, PF, Insurance,(full settlement/transfer as the case may be) leave, bonus, handing over taking over (this you should do on the last day of your working), service certificate etc. This will help you to insist they should settle intoto as well as you mark your attendance (to avoid no work no pay).
I think you'll have better chance.
Regards,
kumar.s.

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File Type: doc Notice period-Resignation-Excerpts from Lawyers Club India.doc (243.5 KB, 2141 views)

hi, C.S. Jai,
legally you are entitled for salary for the notice period. but, better you silently attend your office during this period, and claim the wages for the said period, after you receive all your terminal benefits. if you have leave avail leave during this period. because, if you question the action of the management now itself, they may create problems, and withhold your settlement benefits. however, the law is very clear, even till the last date of notice period, the resignation will not be \" effective \" hence you can even withdraw the resignation.
Dear sir,
I have resigned from previous job without notice period, It has been decided that my new company will pay the remaining noticec period salary but joint our company. now after six month my present employer asked me to produce deduction of pay slip from your previous company. So please provide me this type of letter of format....
Dear cs_jai

Generally the notice period mentioned in the Appointment letter is equal and applicable to both parties; which in your case is presumably is 60 days or 2 months.

An employee in your position, who would get selected for another job in a different company; when asked - how early he can join, would consider the notice period and seek at least two months time to join.

When the same employee tenders resignation, he stipulates that as per the agreement on the notice period; he would like to be relieved after two months.

Now, at this point of time; considering all the arguments put forward by our members; the company is at liberty to relieve the employee at any time before the expiry of the period indicated by the employee.

However; since this is an action which is actually initiated by the company, as per its own convenience; the same policy of Notice period applies on the company too.

Thus the company is liable to pay compensation for the notice period (in this case, of two months) less the time it allows the employee to work.

What it means is, if after putting your resignation letter, the company relieves you the next day, then they are liable to compensate you for two months salary in lieu of notice.

If they allow you to work for a week, then they should compensate you for seven weeks salary.

What happens in reality, is the management assumes the following :

- his services can be dispensed with anytime, since he has already resigned.

apart from the other reasons mentioned in other posts.

This state of affairs continues, as generally the HRs are too powerless or docile to adhere to the principles of natural justice (with due apologies to all); and at times are ignorant of the finer points of law, equity and justice.

I do not know if you would be able to fight your case in a Civil court, as you may not have the protection available to a "workman" under the Labour laws; however, I wish you to know and have the satisfaction that what you have asserted is correct.

Warm regards.
Hi All,

Need some help, after my maternity leave I joined the office on 11th Jan’13. After my joining of office my reporting manager ask me to sit at dispatch department for the job of data entry and maintaining register for incoming and outgoing letters, which was not acceptable as earlier i was working as Personal Secretary and Admin Executive in the same company and I have done my MBA in retail operation and the job is below my expectations & dignity. While conveying my concerns many times to my reporting manager he did not given me the job as per my qualification & experience and asked me to leave, if I am not ok with the job profile assign to me in dispatch.

After having lot of humiliation and mental harassment I decided to quit the job and tendered my resignation to my manager on 17th Jan’2013.

The resignation is accepted by the management with immediate effect as stated in the “letter of acceptance of resignation, without asking me to serve the notice period. However, I have not asked for the immediate relieving.

and now instead of giving me the money for the days i worked before my resignation, i got a letter from my company that i have to pay the amount of Rs. 16,000 as full & final for not completing the notice period.

Company is also threatening me to take legal action against me if i fail to pay the money, should i have to pay the notice period to the company. Kindly suggest.

Regards,

Ruchi
Dear Ruchi,

In order to give you some suggestions is't possible to reproduce the gist of your Resi.letter and their acceptance letter ? (You may remove the top and bottom of those letters). This is only to ascertain some details like :

1. What is the clause in your apptt.letter says about notice period on resignation

2. Did you mention in your letter giving some indication about commencement of NP. (Everyone who Resigns Pl.ensure to mention in your letter some thing like notice period "from & to" and when wishes to be relieved.

3. In your case had you indicated a date as commencement of NP then you are bound to be given either Notice Pay instead of Notice period or allowed to serve the Notice period as per Apptt.letter with pay.

4. Supposing despite you indicated the Notice period and they chose to relieve you with immediate effect you are entitled to Notice Pay instead of Notice period.

Incidentally, didn't you mentally prepared to look for alternate job ? Have you been actually relieved by now or not. How about your F & F settlement.? How long You worked there ? I think you shouldn't worry about their claim of Rs.16k if you are not working there.

Regards,

kumar.s.
Dear Sir,
The management is at liberty to relieve you before the exipry of notice period. But the management have to pay the notice period salary.
Normally the resigned person will be not having proper interest to concentrate on his work after resignation. In such cases the management
will relieve the resigned person immediately. Nothting to worry about it . Because the resigned person will be ready to quit from service.
D.Gurumurthy
HR & IR Consultant, Hyd.
Dear All,
I am attaching a very recent discussion in this forum on similar issue. I hope this will be useful for all. I must appreciate Mr. Raj Kumar Hansdah for his expert opinion in both the discussions.
https://www.citehr.com/450429-can-co...ly-notice.html
Regards,
Prabhat

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