Madhu.T.K
Industrial Relations And Labour Laws
Adoni Suguresh
Sr.executive (per & Adm)
Janardan_raccha
Sr. Hr Team Member
Pournima Joshi
Sr.executive - Admin & Hr
Pon1965
Construction

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I have resigned from my job on manager level with required notice period of 90 days and my HOD has waived off my notice period, kindly help me whether i will get paid for the waived notice period of 90 days or not.
Waiver of notice period means you need not work for 90 days and you will be relieved with immediate effect. Then how can you get salary for 90 days? How can you demand salary for the days you have not worked? Relieving is by waiving the notice period as requested by you. If, on the other hand, you are prepared to serve 90 days from the date of resignation but the HOD wants that you should be relieved immediately then it is okay, that the company should pay you 90 days salary.
Madhu.T.K

Madhu is right. You are not eligible to get salary for the period not worked/served. Pon
Dear Raaj,
With reference to the employment terms and conditions if an employee has resigned and ready to serve notice period then he is eligible for salary of notice period by the employer. But as said by Madhu, I completely agree with him stating "How can you demand salary for the days when you have not worked?"
However the choice is yours...
Regards,
Janardan

Dear Mr.Verma
Your concept is wrong and as a matter of fact you must be thankful to your HOD who has waived of your notice period and relieved you with immediate effect. Waiving of the notice period is the discretion of the Management. But as per the service conditions if stipulated in your appointment order then either party to serve the notice or salary in lieu of notice period. In your case you are lucky and you must be grateful to your HOD. You dont expect anything more and take your final settlement and be happy in your life wherever your fortune takes place.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant

Can any one advise me about the Confidentiality Agreement for A Private Limited company.
Dear Pournima,

Confidentiality is a broad term which may provided with or come in contact with or create certain proprietary and confidential information in said appointment letter.

It can include written, oral, documentary, visual or other' information, including but not limited to drawings, formulas, processes, specifications, photographs, documents, breadboards, samples, models, machines, tools, software/hardware, machine-readable media of any kind and other information submitted hereunder, including business information, customer lists and details, customer information, business strategy, know-how, trade secrets, business strategy etc. of Company and/ or any of its holding company(ies), subsidiaries, affiliates, customers, officers, employees, directors, consultants and / or advisors, including which is marked proprietary, confidential, or the equivalent, or which the Company indicates in writing or verbally at the time of transmittal to, or any information that anyone receiving such information including you, may reasonably consider as proprietary, confidential or the equivalent. Proprietary and Confidential Information also includes notes, extracts, analyses or materials prepared by the Company and/ or any of its holding company(ies), subsidiaries, affiliates, customers, officers, employees, directors, consultants and / or advisors in possession of the disclosing party, which are copies of or derivative works of pay.

Regards,

Janardan

Dear Team,
My question is regard to notice period waiver.
I was worked with pvt bank & my notice period was 90 day and I need of early relieving. I also discussed with my boss and he had accepted my early relieving request.
but my hr not providing me relieving letter and he claim recovery against my notice period I have all mail regards resignation acceptace but he decline it.
I dont have money to pay recovery.
I have only one way LEGAL.
Kindly help me.
rgrds
vaibhav

Hope this is a new case though seems to be the same posted by Raajverma in July for which we did not receive any feedback from the thread opener.

Vaibhav wants to go legal. What legal step can you take? You have agreed the 3 months notice period clause of your appointment order. You agreed then because you were jobless and wanted an employment. The Bank made you employable by giving training and having become employable you have now got a new job and want to leave the bank. It is okay that HOD is willing to relieve you but the recovery etc is not a matter of your HOD but it is a policy issue and that will be implemented by the HR only. Therefore, if HR has told you that you should pay 2 months notice pay, short served period pay, you have to pay it.

Now if you have been working in the bank in a capacity like that of worker, obviously you can move to labour court etc and sometimes depending on the terms and conditions relating to service as per the Long Term Settlement or the Standing Orders, you may win the case, but it would take at least five years to get a verdict.

When your present employer happens to hear that you are fighting with your old organisation, there is always a chance that you may be targeted by the present employer also. It is very easy to file a suit against an employer but the repercussions of the same will last for long or it will never end.

If you want to proceed further please let us know what was your designation or functional capacity in the bank, whether there were employees reporting to you, whether there existed any LTS binding on you which allows you to take relieving from the bank in 30 days and whether the company you are going to join is your own organisation so that there will not be any background verification by the employer.

Madhu.T.K

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