Samcy
Manager Hr
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Nashbramhall
Learning & Teaching Fellow (retired)
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Loginmiracle
Consultant & G.m.
Sushilkluthra@gmail.com
Consultant In Legal Matters
V. Balaji
Ir & Hr
Sunalini Rana
Payroll, Recruitment, General Administration,
Shreedhar Kantharia
Professionally - Expertise On Generic Hr/
Cs_jai@yahoo.com
Software Engineer
Answay
Asst.hr
+14 Others

Thread Started by #cs_jai@yahoo.com

Hi I am working in company and I have resigned from my job. I supposed to serve the notice period of 60 days, I am ready to serve the whole notice period. But company is asking me for early relieve and they don\'t want to pay the money for remaining days.
I am asking them for money of remaining days, they don\'t want me to serve.
I have following questions.
1). Whatever they are doing is correct or not?
2). Am I eligible for money of remaining days I am not serving.

1st March 2012 From United States, New York
Many companies do what this company has done to ensure that the person leaving does not take company's secrets out. Whether you are entittled to 3 months salary or not depends upon the employment contract that you were given.
1st March 2012 From United Kingdom
Hello cs_jai,

There could be quite a few reasons for companies to relieve someone early [before the Notice period], like:

1] Want to push the employee out ASAP--could be a security risk [like Simhan mentioned].

2] performance-related [what would this guy do staying here now, except taking salary?]

3] the resignation could be in-tune with the HR's lay-off plans--saves them the trouble of laying off the employee [more prevalent in IT sector].

AND maybe a few more.

Coming to your queries:

1). Whatever they are doing is correct or not?

I don't think this is a right/wrong issue. Legally the company would be covered [check your Appointment Letter--usually something like '.....at the discretion of the company/management......' would be mentioned].

2). Am I eligible for money of remaining days I am not serving.

Like Simhan mentioned, pl check your Appointment Letter.

But why do you want the salary for a period you haven't worked here? Suggest look @ this aspect/point in another way.

You would have got another job which is the cause for this resignation, in the first place. And i presume I can pretty comfortably assume that the new Offer has a better CTC than what you are getting now. So maybe this could be your chance to get into the new job & start to draw a higher salary ASAP, than waiting until 3 months--just give this a thought.

But in case you want this company to pay you the 3 months salary AND yet join the new company earlier & get the advantage what I mentioned above, all I can say is: stop getting greedy......that's the surest way to anyone's downfall in the long-run.

All the Best.

Rgds,

TS
1st March 2012 From India, Hyderabad
my friend had a same situation last week. current company want to push him out on the next day, where as he took 2months time.from.the new company thinking he will not get relieved unless he serve the notice. but ne company doesnt want him join earlier as his bg check needs to be completed before he join. in this case employee will be with out job/salary for 2months, thouh he got another better job with better ctc. when employee is ready to serve the notice why should current company push him out with out paying any salary??i feel that as long as there is offence or mis behaviour which leads to termination, current company should use some ethics, as they expect thesame from employee.
2nd March 2012 From United States, Ogden
Dear Sir,
When you have resigned for your job, normally there won't be any interest in the Co. affairs.
The Management is also not interested in you to entrust important jobs.
When both parties are not having confidence in each other, it is better to quit.
If the management is willing, you can proceed on leave for remaining period of notice period if you want to continue in service.
D.Gurumurthy
HR/IR Consultant
2nd March 2012 From India, Hyderabad
Mr.Gurumurthi is right. When a staff resign from a company, there may not be a dedication and involvement output for the employer. and the employer may be recruite for the post and not willing to pay two salary for the same post. You better join to the new offer you got or you may deduct your leave if you have. But dare not to make an issue this. It may cause to bad remarks on the enquiry of your new employer to the current employer.
Think and act.
A.Kathar Basha
Bismi manpower consultant.
Coimbatore
3rd March 2012 From India, Madras
Many of our friends above have explained this clearly. The moment someone puts his paper, he loses in his job and he would be less involved in the job.
Company also is not going to get any big thing out of this period. It is "his decision" to quit the company and company "never asked him to quit". It is the choice of the company to relieve him before the full notice period is served or otherwise. Expecting salary for the balance period is not fair.
Balaji
3rd March 2012 From India, Madras
yes its happen some time,when companies doesn't wants to provide compensation or you don't have work which assigned to you. so its better you should move ahead and think about new opportunity which you got.
Best of luck....
3rd March 2012 From India, Delhi
Dear Jai
I am not aware regarding the reason why you are living the current organization, wether for some better offer from other company or the current company forced you to leave.....
If the case of Notice period being in HR i can say there are two options
1. You serve your whole notice period and get your salary
or
2. If company is pushing you and you are ready to serve the notice period and as per your appointment letter it is mention that any party can leave the job by giving two months notice then they have to pay you your notice period wether they want or not.
But just remb that if you are forced not to come for the job but still they will consider your notice then you will be eligible for getting your basic salary only as a notice period amount . As it is applicable in both the cases if you leave without serving the notice period then company is liable to deduct only Basic salary as your notice period.
So think about it and discuss clearly with your HR or Management.
3rd March 2012 From India, Delhi
If you have mentioned in your resignation to relieve you " on or before" the completion of the Notice period, the management can , at its will, relieve you even before the completion of notice period, with out paying you the difference of Notice period.
3rd March 2012 From India, Vadodara
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.
3rd March 2012 From India, Chandigarh
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.
3rd March 2012 From India, Kochi
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.
3rd March 2012 From India, Bangalore

Attached Files
Membership is required for download. Create An Account First
File Type: doc Notice period-Resignation-Excerpts from Lawyers Club India.doc (243.5 KB, 1946 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.
5th March 2012 From India, Bangalore
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....
24th April 2012 From India, Ahmadabad
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.
23rd October 2012 From India, Delhi
#Anonymous
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
7th March 2013 From India, Noida
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.
12th March 2013 From India, Bangalore
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.
17th March 2013 From India, Hyderabad
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
17th March 2013 From India, Mumbai
Hello All,
Actually I need help with regards to law for Notice period for a lady teacher's position for a private school. The Offer letter states that the teacher is required to serve 3 months notice period. But as far as I know as per the Karnataka law, if you are in probation period, you are required to serve a minimum of 7 Days notice period.
Further, if we serve the Notice period for a month (against the 3 months stated in the offer letter) are we not entitled to get that month's salary?
Please consider this as an urgent request.
Thanks,
Best regards,
manish
10th July 2013
I ant to know that what is the right rule for pay the notice period , is company pay only the basic or full month salary if the employee resign immediately. Guleria 9418077441
7th September 2013 From United States, Cambridge
I want to know that what is the right rule for pay the notice period in Indian industry , is company will pay only the basic or full month salary if the employee resign immediately.
Ashok kumar
HR ASST.
7th September 2013 From United States, Cambridge
Dear Seniors,
i have a question for my seniors kindly help me out and advice me . i was asked by my senior to resign as management has dissolved my post and i resigned. in my resignation letter i have quoted that because of my senior asking me to resign due to dissolving of post i am resigning and giving proper one month notice period. i got letter of resignation letter acceptance and my period was waived off and i was relives immediately. would i be entitled for one month advance pay as per our institution policy or will they not allow it.
28th July 2014 From India,
I had given resignation on 25/09/2014, due to some problems, and i got the offer from new company and stating that to join on 29/09/2014.
I have leaves of C/off : 7, Cl: 8, SL: 7, And PL's : 20,
And i am convincing to management to relieve me at earlier by deducting my leaves in the notice period , but they are not accepting .
So i am kindly requesting you to how will i go through law, and resignation rules ?
And should i go earlier with this leaves ?
Regards,
Basha
27th September 2014 From United States, Los Angeles
Hi ,
i am Balakumar.I have a problem in serving the notice period.According to company policy the notice period is 3 months and i am planning to relieve with in 1 month due to i got another job. and also i have completed 1 month working. but when i contacted HR ,he is telling its compulsory to serve the notice period 3 months.I hope in every company there is an exception for waiving the notice period like buy out option .I am ready to pay the Notice period amount but they are telling u cant and they told me amount pay option is not there in our company so you have to serve 3 months.so after 1 month i send mail to HR and i am not going to company and joined new company.now HR told you will come and continue your work another 1 month and u have to take relieveing, but i am not able to work.
The told Only 1 reason they are giving me is that it is company policy u have to serve 3 months.
so anyone 1 can suggest me how to move forward and get releived soon
31st March 2015 From India, undefined
With reference to Mr Bkumar718 query, Pl read thread titled "My organisation not accepting resignation, forced me to server notice" and posting of comments of 30.3.2015 and of 31.3.2015 discussing similar issue.
Thanks
Sushil
1st April 2015 From India, New Delhi
Hi,
I am working at one of the Reputed IT Company from last 15 Months.
Now I resigned from my job and serving my notice period of one month.
Before resigning the company they had no complaints about my work and target as well.Now in the notice period they suddenly starts pressurizing me.
My question is after serving the notice period and giving the work they want can they trouble me to get my last month salary and relieving letter?
Is their any Law for Private Limited Organization in such situation?
29th November 2016 From India, Pune
I my opinion as per appointment terms you need to serve notice period and on failure company has right to claim amount from your dues the balance of Notice period. Same right is available to employee who is relieved earlier by company without letting completion of Notice period. Third option is mutual consent between company and Employee wherein Notice period as per terms of appointment letter is waived off .
20th December 2016
Dear all,
I have resigned my last company. But last company has been deducted notice pay amount to my full & final statement & as per appointment letter if you have received confirmation letter after that you will survive 3 month notice or 3 month basic + da. But i have not received any confirmation letter in my job time .For this point of view notice pay is not applicable on me and also.
Kindly suggest what i do if company is deducted notice pay on my full & final and HR department is trying to hide there mistake.
I need expert suggestions what i can recover my notice pay to last company.
Thanks​ & regards
Ravi Kumar
16th July 2017 From India, New Delhi
If the employee has given a notice period and the employee is working even when it is finished, if he leaves the job in one month after the notice period is over, will the notice period be accepted?
27th December 2018 From India, Sinnar
do employer need to give one month salary for me? In case i am ready to work for one month notice period If the employer says no need to work on notice period. May i get the one month salary as well as PF for the particular notice period month?
21st February 2019 From India, Chennai
Reply (Add What You Know) Start New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)





About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2017 Cite.Co™