Bijay_majumdar
Freelancer
Abhay_011
Professor
Sanjay.patel
Hr Executive
Amol_humane
Deputy Manager - Hr
Consultme
Entrepreneur
SAIBHAKTA
Retired From Air India
G.K.MANJUNATH
Sr.manager-hr
Santoshjoshi
Bdm & Hrm
Subhaga2
Projects Coordinator And Hrd
Suvojyoti
Software Consultant
+3 Others

Thread Started by #suvojyoti

Hi, I am facing a critical issue for which your suggestion would be very much helpful.

I have worked for 6.4 years in XXX and I have sent my resignation to HR and supervisor on 22nd December 2014.

They have accepted the resignation and processing accordingly.

As per the norms, my last date in XXX should be 7th February. Generally notice period is 30 days, but as I have returned from onsite few months back, as per the policy,I have to serve 90 days after my return from onsite, which I accepted.

Now the problem begins. I was getting released from my current project on 22nd Dec 2014 (the same date when I resigned officially), and currently I am un-allocated to any project. Although I have accepted to serve the full period, my HR told me that - as I am not assigned to any project,XXX is not able to allocate me any work, they would release me within Dec'14. But I will be getting only basic salary(which is only 1/4 th of my total package) till 7th Feb, on top of that, I can not join to any other company till 7th Feb. He told that he will release me within a week, but I would be bound to XXX till 7th Feb.

My question is -as I am ready to serve the total notice period, and XXX is not able to allocate me to any project, can XXX force me to serve total period with 1/4th salary? Moreover if they say that they can not utilize me and/or they do not need my service (that is the meaning of being un-allocated, I suppose), should they not release me immediately, so that I can join next employer right away? How the organization forcefully give me 1/4th salary for a month and half?
24th December 2014 From India, Habra
You may find another thread and judgments quoted in it as useful:
https://www.citehr.com/513503-notice-period-duration-pg2.html
M/s TCS should be covered by (Name of the state) Shops and Commercial Establishment Act and notice period and rate of notice pay stated in the Act shall prevail.....and it is last drawn monthly payments...
You may sSubmit in writing that you are willing to service full notice period..
After going thru the thread mentioned above and another thread mentioned in it if still there are queries you may post again
24th December 2014 From India, Chandigarh
Hi, organization has provide to you an appointment letter at the time of joining and also notice period days is mentioned which you will serve at the time of resignation please refer that.
Your incentive wouls not consider during the notice period for the processing of your salary of that days.
Regards
Sanjay
24th December 2014 From India, Khopoli
Dear Friend,
1. Please go through the service conditions under which you entered into the service of TCS.
2. You would have agreed that, once you are assigned to onsite work and after return you have to work at least 90 days.
3. Your HR insists that you should serve for 90 days after return from on site. When did you return and when is the 90th day is not clear from your statement.
4. HR Dept takes your joining report, your contract etc., and decides as per the rules of the company, for which you have signed at the time of joining.
5. When they cannot find suitable project, they may keep you on Bench. That is what the HR may be doing.
6. Please talk to your HR Dept and settle the issue amicably, and get proper relieving letter, before trying to join in another organization. I am sure TCS HR people are wise enough to decide as per the principles of natural justice and legality.
All the best.
Subba Rao Bhagavatula.
24th December 2014 From India, Hyderabad
Dear Suvo,
What do the company rules say ? Is it clearly mentioned there that in the event of non allocation of any project the company shall only pay the basic salary ? If it is so then XXX is well in it's right to do so.See, the allocation of work and notice period of 90 days, are two different issues.The company has not allocated any project to you because may be there is no work order or may be they have projects which would take longer than your notice period.Hence they would release you but you remain bound with their T&Cs till 7th Feb.They are paying you in any case is'nt it ? Yet you may try to convince the HR to waive this condition and sacrifice the basic pay in return.All the best !
S.K.LIMAYE
MBA(HRM)
---------------
25th December 2014 From India, New Delhi
better to get relieved immediately without any compensation, get the relieving letter and join the new company.
if you have resigned, how can you expect XXX to allocate you any new project/assignment??
25th December 2014 From India, Delhi
Please do not mention company name. We you can post your query without company name.

=>Please refer your compensation policy for Non billable period. I believe it will be only the variable pay which will get affected for non billable period. Who informed you that it will be ¼ of you salary, have your received any mail. You can ask for clarification of the same. If there any policy rolled out earlier, you will have to refer it carefully. Get email clarification from HR on what basis salary will be deducted, Ask for supporting policy which is referred for this impact. If there is any agreement which you have signed, ask them to send copy of terms and conditions.

=>Immediately raise query on your HR web portal & have communication through e mail.

=>It’s very common problem in IT industry especially service based companies; there is less than 20% of chance for engineers to getting allocated to project after resignation.

=>If you’re on permanent rolls of the company. Notice period of all major Indian IT companies is minimum 2 months in Indian. If you’re referring to notice period when you’re at Onsite, I believe it will be 1 months.
25th December 2014 From India, Hyderabad
It is true that HR personnel have to follow the employer's internal policy for HR.....
Hr is expected to advice the employer on compliance of various enactments applicable to the establishment for which the employer personally can be held responsible...
The private rules and policies of M/s XXX can not supersede and overrule an Act,instrument of law/Statue..................
The notice period can not be more than and notice pay can't be less than notice pay @monthly wages as stated in Shops and Commercial Establishments Act of the state..............standing orders(certified/model)......
If you apprehend unfair tactics, walk out with proper acceptance of notice,resignation,service certificate,relieving letter, and do not accept FnF statement and attach some question to it in writing under proper acknowledgment and stake your claim later.....
25th December 2014 From India, Chandigarh
Go through the terms of the agreement you have signed and components of you CTC. You may find two options:- legal or mutual. You are advised to take a session with your HR before taking any profession decision from your end.
25th December 2014 From India, Mumbai
The Terms of services conditions and Service conditions Policy of the company should be referred.In this case.I am sure there is solution for your problem.Also Request not to mention name of the company in the post.
Thanks
26th December 2014 From India, Vadodara
Dear Friend,
In your mail, there are few points are missing. They are :
I. You have not mentioned exact no.s of month, u returned from onsite.
II. Have u released suddenly from your current project or it is expired/completed?
III. Why you have resigned suddenly?
IV. Have you applied and selected in some company?
V. Have you provided Reference no.s (Contact Details) of your current employer?
VI. What is Exit norms of your company pertaining to Full & Final settlement?
Kindly provide answers of these queries/questions, then only I can give u perfect solution.
Rgds

27th December 2014 From India, Mumbai
If problem comes ,you will also mention the company name. .. Mr. Bijay Majumdar. He is facing critical issue, but you have not given proper answer. Yet you are saying don't mention the company. Let everyone know about TCS or whatever.. It is public awareness.
29th December 2014 From India, Madras
Dear Suvo,
Just to make it simple, here the HR management is trying to act a bit Smart. They are looking to save the overall remuneration on you to the company (which might get them some appreciation). They (means HR) are abide to give you salary for 90 days but as you have already leaving the company and its Human nature so they are trying to save some bucks as you will be working idle in the mentioned notice period.
So my suggestion, you hold a meeting with your HR head along with your Group/Project Head on the same, inform them that you are ready to serve complete notice period so by law they cannot do anything on that else if you wish to leave the company early and join the new company within 2-3 months you ask them that you are ready 1/4 of the salary but will not be ready to sit idle and would like to join the new company.
Regards,
Amol H.
Manager - HR
30th December 2014 From India, Mumbai
hi

before making any judgemental decisions it is important to know your company policy w.r.t. resignation cases and notice period as specified in the company's HR manual.

theoretically, the notice period is calculated as the time by which the company would be able to replenish its workforce(when someone resigns) either by reallocation of work or rotation of someone else in that place. remember that no company wants to loose on its valuable manpower that it recruited after much efforts and financial implications.

now , when it comes to give you a new project would not be quite on company's side as:

one: you may have lost your interest in the co. (thats why you are leaving the company.. they think !)

two: after you are gone/ relieved ... who would carry on from where you left off or develop on the software created by you..

But, but... if there is a notice period of three months(90 days) and they have already given you the letter with relieving date on it.. you may contest it(if everything is in order as per co. rules)

also they cannot be giving you a lesser pay package !.. and hell no, they cannot ask you to work on 1/4 income and bound you to work until 90 days are over !!! thats outrageous..

before you take any solid step.. please get a copy of the company's policy w.r.t. resignation cases and notice period pay.

you can also get in touch with any previous employee who left shortly .. n inquire on these lines.

(ps: if the HR policy sucks of any company its better to move on and move on fast !!!)
8th January 2015 From India, Shimla
Hi Suvojyoti,

If the company has accepted resignation and shared relieving date with instruction to follow notice period as per policy and if you have proof in mail or writing for this, ideally HR can not take a call of revisiting the decision and force you to exit immediately by paying you notice pay money.

After your onsite assignment, you made a decision to find another job but you have applied via proper channel and intimated your interest in serving the notice period. However normally any appointment order will consists of a clause which gives employer equal opportunity to separate you from employment by giving proper justification and notice pay. So this is quite usual

Once an employee decided to quit and management also decides to relieve, on what basis the employer should assign a project to the same person. It would be quite unwise to invest further, right. In this context HR may have received instructions from management to end the service and find a replacement quickly. So they may pay notice pay for 3 months and difference may pay to the new guy as notice pay buyback (incentive to join quickly).

In business, both the sides ( employer as well as employee) will try to manage. You were able to build a career with the organization, went onsite and got a good opportunity in another place and decided to leave with a proper notice. However this may not be as simple as your leaving to your current company to find a replacement. Hiring exercise, training, culture fit, socialization, market salary, client pressure etc. So they have also made a swift move.

I think you shall not feel bad about this. Accept relieving, say thanks to TCS for helping you to build a career and then pursue your new opportunity.

Wishing you the very best !
9th January 2015 From India, Bangalore
Dear Friend,
As many of my counterparts suggest, take their advise very seriously.
Gone through your query. In my opinion, one month salary means the total package they offered you. Usually there shall a clause in your appointment letter in that regard. Kindly go through that. Your management cannot give only the basic wage. The definition of wages is entirely different. Kindly do write to your HR stating that you are willing to serve the notice period of 90 days and that you are eligible for the total emoluments as per the clause of your appointment letter and not the basic wage.
You can also take the help of good advocate who is well versed in labour matters.
G.K.Manjunath
20th January 2015 From United States, Cambridge
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