Industrial Relations
Management Coach I Hr Strategist I Career
Human Resource
+1 Other

Dear All,
My company is forcing me to serve notice period though as per the policies of my company rules it is not mandatory.
Following are the clause regarding the same. Please go through the same & let me know your inputs.
\"you or company may terminate your employment with not less than one month written notice or payment of CTC salary in lieu thereof. The party receiving notice may waive or reduce the notice period.\"
I have already requested them for the one month CTC, but they are not accepting for the financial settlement.
Please advice me.
20th March 2012 From India, Mumbai
Dear T.Fegade kindly brief me about your resignation have you served your notice period or not explain me in regards to that are you working in contract or Probationary period and kindly let me know what designation your are working...
-漫~*'¨¯¨'*·舞~ ŔĂМĶĨŚĤŐŔĔ ~舞*'¨¯¨'*·~漫-
▁ ▂ ▄ ▅ ▆ ▇ █ вέ Ļίķέ мίŕŕόŕ █ ▇ ▆ ▅ ▄ ▂ ▁
20th March 2012 From India, Bangalore
Dear Ram,
Its still in discussion with the current company & they are not accepting the financial settlement as per clause. I have resigned on 12 Mar & next company is asking me to join on 2 Apr 12. I have tried my best to convince new company to extend the period, but they are not ready to extend. And as per my current companies policy I can buyout the notice period but they have rejected the same.
Plz advice.
20th March 2012 From India, Mumbai
Dear Ram, I am a full time employee & not on probation working in Clinical research field as a clinical research coordinator.
20th March 2012 From India, Mumbai
Dear Fegade
Please approach your HR Department and discuss about the clause of Notice period in your offer of employment. The reason for not releaving may be due to non availability of proper replacement. If it is so and if they come out with the same reason, then you can refer some one who can perform as like you.
Normally the notice period is required to the company only to find out the suitable replacement for the outgoing employee and for the employee to find out suitable employment in some other company.
20th March 2012 From India, Kumbakonam
Even u r in porobation or confirm employee.. i suggest 1) you to take a smooth exit from the existing employer, as world is small.. u might get in touch with any of them in furture...
2)What is date given by new employer for accepting offer and joining
3)talk to new employer its a mandate 1 month notice period which you need to serve. if you dont serve and join in the new employment, the existing employer has rights to sue the new employer.
4) I suggest to talk to them and use your negotiation skills
20th March 2012 From India, Delhi
Dear T.Fegade
sorry for responding late as i was busy Kindly try to follow as Mr.Bhaskar & Shivakumar advice i hope things may work out.....
Kindly let us know the updates to help you out in forefront....
-漫~*'¨¯¨'*·舞~ ŔĂМĶĨŚĤŐŔĔ ~舞*'¨¯¨'*·~漫-
▁ ▂ ▄ ▅ ▆ ▇ █ вέ Ļίķέ мίŕŕόŕ █ ▇ ▆ ▅ ▄ ▂ ▁
20th March 2012 From India, Bangalore
I have already discussed with new employer & they are saying that they will provide reimbursement for notice period & you only have 02 Apr to join & no later.
I have a query that clause did not mention who have right to decide the option of Notice period or Salary in lieu thereof?
I have already requested current company so many time & they declined saying not acceptable & will communicate to me on my last working day soon.
20th March 2012 From India, Mumbai
I submitted a notice period of 30 days in written e-mail. But my company is not accepting my resignation and refuses to take 2 months basic from my side.
In my appointment letter there is written that
Either Party can terminate this employment by serving a notice period of 90 days on the other. However , if approved by the company, an associate may surrender leave to his/her credit or pay salary(basic) in lieu of notice period.
Is this necessary to serve full notice period.
what legal actions I can take.
Thanks in advance!
23rd December 2015 From India, Mumbai
Referring to the clause "However , if approved by the company, an associate may surrender leave to his/her credit or pay salary(basic) in lieu of notice period."
It clearly says that if company approves then only you can pay salary in lieu of notice. And in your case the company is not approving this, hence there is no point in offering 2 months salary. In this case the law will favour them.
So it's better , you talk to them and get this done through request or else stay with them till the completion of 3 months.
23rd December 2015 From India, Delhi
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