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

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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
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kindly help to get relieving and fnf. I wll not able to pay recovery. Please provide me proper guideline........
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.
Yes, no definite suggestion is possible unless the communication as to your offering of resignation and its acceptance are perused.
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.
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.
they need state head approval for notice period waiv and I have only my boss approval. can I go with legal
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.
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.
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....
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