Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Psdhingra
Legal Analyst, Hrm
Pvenu1953@gmail.com
Retired Government Servant/advocate
Riteshmaity
Labour Law Advocate
Moushumi B
Asst Manager-hr
+1 Other

Thread Started by #vaibhav230

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
5th August 2016 From India, undefined
kindly help to get relieving and fnf. I wll not able to pay recovery. Please provide me proper guideline........
5th August 2016 From India, undefined
If your early resignation has been accepted and notice period have been waived in writing, then claim the full and final settlement from the company in writing. However, the content of your resignation as well as the acceptance of it required to be considered before proceeding ahead.
5th August 2016 From India, Kolkata
Yes, no definite suggestion is possible unless the communication as to your offering of resignation and its acceptance are perused.
5th August 2016 From India, Kochi
Did your boss specially say that he will let you go early WITHOUT payment in lieu for not serving the notice period? Did you misunderstand his intention? (ie that you can go but not that you do not have to pay in lieu of notice). If you heard correctly, you need to get authorization from your boss to waive payment.
6th August 2016 From Singapore, Singapore
You do not have the money to pay the notice shortfall, but you have the money to fight this out as a legal case? Do you know how much time and money it actually needs to fight a case against a company? Do you have the time? Will your new employer be happy to give you time off to fight the case ?
If the answer to the above is no, then you need to go and meet your former boss and take his help in resolving this matter as amicably as possible.
6th August 2016 From India, Mumbai
they need state head approval for notice period waiv and I have only my boss approval. can I go with legal
6th August 2016 From India, undefined
Dear Vaibhav
As told by Mr. Banerjee it is not a easy go for legal with the company, if your appointment letter states 90 days notice period/pay you have to fulfill the same. Your Boss who has approved the waiver of notice period/pay, is he authorized to waive off the notice period/pay please confirm. If he is not authorized your legal battle will be a mere waste of time and money.
Don't assume or come to the conclusion that legal is the only way to fight for your right.
6th August 2016 From India, Ahmadabad
as during exit clearance, I have taken neccessary clearance and my hr told me I will take payroll clearance on behlf of you.
they claming 63000/- against notice period recovery. if a person not able to pay so it.mean he couldnot do.
6th August 2016 From India, undefined
Yes, your HR is correct. If the state head approval,is needed for waiver, then you should obtain it from the state head. Else you pay the notice shortfall. There is no other way out....
7th August 2016 From India, Mumbai
Mr. Vaibahav,
Unless notice period is formally approved by the competent authority formally in writing, mere approval for early relief from post does not denote waiver of notice period pay. You have the liability to pay the notice period pay, which you cannot escape, as per terms of appointment. Your assumption is right that if a person is not able to pay so it.mean he couldnot do. Rules & conditions are sacrosanct. No alternative, except to get approval for waiver of notice period. Else, pay the notice period pay or serve the due notice and work for the whole period of notice.
7th August 2016 From India, Delhi
So far as your question, "can I go with legal," is concerned, definitely you can go legal, provided you have ample money, time and energy to face the rigour of the court case. But don't forget one thing, company will pay all expenses and use the time of the ablest lawyer to fight the case and would also be eleigible to claim expenes of the case from you, if wins the case, while you will have to waste your own money, time and energy. In spite of that, you are, not merely likely, but definitely would lose the case due to violation of the terms & consitions of appointment. Your boss cannot be considered to be competent to waive of the conditions of your employment & termination/ resignation.
7th August 2016 From India, Delhi
In continuation to the above topic, if a company has clearly mentioned that the notice period is one month in Appointment letter and during appraisal it gives in writing, along with Increment letter that the notice period increased to three months, can this be challenged in court even if I accept the Increment letter with changed clause. Since my Appointment letter mentioned only one month.
Thanks
Moushumi
8th August 2016 From India, Mumbai
If you have accepted the increment letter that says notice period is increased to 3 months, then the new notice period will apply. Your appointment letter terms no longer apply.
9th August 2016 From India, Mumbai
I was unrated on company. I didnt got appraisal due to.partiality , due to this I have resigned from services.
9th August 2016 From India, undefined
Mr. Vaibahav, Rated or unrated on company, that has no relrvance to the T&C of employment, if you have resigned from service. Unrated employee is not exempted from paying the notice period pay.
9th August 2016 From India, Delhi
Dear Moushumi,

The management seems to have played a trick with the employees very cleverly, by including a term of notice period along with the letter of increment. If the increment is not subject to any condition of your appointment, the condition of notice period cannot have any relevance for inclusion in the increment letter. That is bad in law. Moreover, the notice period is not a condition to be changed individually for the employees at different times through their increment letters. That should have been circulated separately that too after consultation with the staff union, if your company has one, as per the conditions of the Certified Standing Orders.

However, there is one remedy to that trick. You may accept the increment letter with objection, clearing noting on the other copy that you aceept the letter with objection that you do not agree for the proposed change of the original appointment condition about the notice period. That can help you legally also, even if per chance you feel the need to approach the labour office or the court.

But, even after that you must consult in person with some service laws expert and get the T&C of your appointment and the increment letter to have definite guidelines to save your interest by wisely avoiding trap laid by the employer.
9th August 2016 From India, Delhi
Mr. Dhingra has rightly advised. The service condition can be changed under section 9A of the ID Act only. Mere stating/ adding/ alternating a new clause won't make it valid. However, for the purpose of better legal remedy, consult a lawyer with both your appointment and increment letter.
9th August 2016 From India, Kolkata
Actually the reason behind my resignation is only incriment and appraisal.
neither they give me incriment not suitable location so I have to resign now what should I do to get relieving and settlement.
10th August 2016 From India, undefined
Dear Vaibhav,

I think your hard feelings about the poor/bad performance appraisal compels you to refuse to understand the practical implications involved in a leagle tussle against your employer suggested by the learned members Saswat and Dhingra. I don't think any Lawyer, in particular any one well-versed in service matter can give you a better advice than these brilliant and experienced professionals.

In fact and according to you as well, no doubt, you may be an efficient employee. But your performance appraisal is based on the recommendation of your immediate superior and assessment of the reviewing authority. Always perceptions differ. The alleged oral approval of your boss can also be interpretted as his nod to get rid of a low performer. Performance being a continuous process need not be the same all the time - there may be ups and downs but what would matter the most in appraisal is its consistency. In stead of finding fault with their present assessment and trying to quit the job on this score despite your financial difficulty, you can make a self-introspection, stay put and try to better your performance. Otherwise, exhaust the notice period and then quit with proper exit documents facilitating your future career.
10th August 2016 From India, Salem
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