Labour Law & Hr Consultant
Partner - Risk Management
Legal Analyst, Hrm
Retired Government Servant/advocate
Labour Law Advocate
5th August 2016 From India, Kolkata
6th August 2016 From Singapore, Singapore
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
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
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
7th August 2016 From India, Delhi
8th August 2016 From India, Mumbai
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
9th August 2016 From India, Kolkata
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