Saswatabanerjee
Partner - Risk Management
Bmktts
Director
Dixonjose02
Sr. Hr Manager
HR4NATION
Hr Consulting
DistressedEmployee
Senior Software Engineer
+2 Others

Thread Started by #DistressedEmployee

Hi,
I was working in a big outsourcing and software company here(Bangalore), and I was asked to leave well before the my relieving date post resignation. Although I had requested them to let me serve till more than 1 and a half time period of the notice period. But they forced me to leave early and pay the notice period amount or serve the complete notice period...Is this justified from their part ?
Please any advice would be great as I have to now pay a huge amount to them !!
19th October 2013 From India, Bangalore
Just want to add one more detail to the above post of myself:
The company had only given me two options:
(1) Either serve the complete notice period of 3 months
(2) Or Leave as soon as possible and pay the notice period amount as well !!
-DistressedEmployee
19th October 2013 From India, Bangalore
Since you have offered to serve the company, during the notice period, you are not required to pay money in lieu of notice period,if the company relieves you earlier.
In fact the company, has to pay you salary for the notice period, if they relieve you earlier, against your choice.
Since you have offered to work during the notice period and not sought an early release, they cannot demand, monetary compensation for notice period shortfall

21st October 2013 From India, Bangalore
Hi Bmktts,
And what if I want to leave early but the company won't let me serve the time period I had requested, lets say: the NP is 3 months and I wanted to serve for 1.5 to 2 months time out of it. Does the company still have the rights to ask me to pay the NP amount and leave as soon as possible ?
Thanks for the reply.
21st October 2013 From India, Bangalore
Once you have resigned voluntarily, the company has every right to decide your relieving date. Even if they ask you to get relieved earlier, company can still recover the NP dues from you.
21st October 2013 From India, Mumbai
You need to work for 90 days. If you get a job in 60 days and want to quit, you need to pay 1 month salary. This is law
But, you can always request your employer to relieve you early, without you making the payment. If the company agrees to relieve you after 60 days, they are not bound to pay you any money. They are just doing it to facilitate you to join with your new employer at the earliest.
If resignation is due to health reasons, then again company is relieving you in 60 days on compassionate grounds.
21st October 2013 From India, Madras
Similar type of incidence happened with me. After putting resignation and willingness to serve for notice period , I was relieved immediately in 03 days. I have appointment letter clearly stating Notice pay from either side.
Further, company also denied to pay LTA, Bonus which is part of my CTC as per my appointment letter.
Can anyone guide how I can recover this amount as this is quite a big amount. Many of my colleagues also had the same experience. Company has found out new funda of attracting good people by promising good pay and after two years not to pay these amounts.
For two years these good people religiously serve the company until they come to know the reality then they left.
23rd October 2013 From India
Splitting CTC INTO VARIOUS COMPONENTS IS MAINLY TO MAKE IT TAX EFFICIENT. LTA should be paid out, but is a taxable component. On Bonus, if the company had put under fine print that it is a variable and will be paid on performance, nothing can be done
Some companies, deny these payments ( illegally) by wording the appointment letter to suit them
25th October 2013 From India, Bangalore
Dear distressed employee,
Each company has its own policy for interalia acceptance of resignation of employees; some waive off the full notice period, some waive off part of the notice period, some adjust leave due for the period short of notice and some adjust leave due in lieu of the notice period. You have to view your situation in the light of the above. The employer is not bound to accept your version for acceptance of resignation.
Regards
S.K.Johri
29th October 2013 From India, Delhi
My comment comes late on this thread when others have already put in their comments.....
First, it would have been good if you had put your query properly with the relevant information clearly stated.
Well, now the facts are that you resigned and refused to serve notice period. You offered to server 2 months instead of 3 months.
Since you are not willing to comply with the terms of your contract, the company is legally entitled to relieve you immediately and ask you to pay the notice pay. It does not then matter that you were willing to serve half the period and that you want them to pay for that half. You cant have both sides of the cake. If you are not willing to complete the terms you had agreed to when joining the employment, you are on a sticky wicket.
Also remember that since you have not served your notice period, the company can mention that in your relieving letter and also give a negative feedback in case of any future background check
15th November 2013 From India, Mumbai
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