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Deepika Parihar - HR- TA
1. Is there a rule to give a replacement while serving notice and only after replacement one is eligible for Relieving Papers?
2.pl let me know the law of resignation in India for any company ... PVT or GOvt.
3 Suggest Any Act if I can get the info.

From India, Hyderabad
Dinesh Divekar
7855

Dear Deepika,

Arrangement of replacement of resigning employee is the responsibility of the owner of the company and not the resigning employee. These are all the self-made rules of the employers and do not have any statutory sanction.

Why employers include clause of notice period in the appointment letter? Notice period helps employers to give some cushion to arrangement the replacement.

In the last couple of years, getting the right job candidate has become difficult. Nevertheless, employers cannot pass the buck of recruitment to the resigning employee. What if the resigning employee brings the candidates and none is selected? Should the resigning employee keep on waiting till the right candidates gets selected? Again the selected candidate may not be in the position to join immediately as he/she will have to complete his/her notice period. Then quitting employment will become still longer and it will achieve new height of absurdity.

Thanks,

Dinesh Divekar

From India, Bangalore
Anonymous
1

Agree with Mr. Dinesh,
There is no law who can stop some one from changing the job. Yes, one has to serve the required notice period so that the employer can find the suitable replacement during the period.
Also Some employers wants a new joiner to join immediately and if that same employee wants to leave the same org. on a short notice employers never let him go.
Its like heads i win tails you lose

From India, Ghaziabad
psdhingra
387

No question of subbstitute to be provided by the employee, who is leaving the organisation.
From India, Delhi
Kritarth Consulting
200

Dear Information - Seeker,

Resignation is purely a Voluntary act on the part of the Person so tendering her/his Resignation and consequently any Pre-condition set by an External Person or Agency or Entity is patently illegitimate/ illegal and uncalled for. However, instances are not rare where arbitrary act have been / is initiated to put pressure on the Person while exercising his / her / inherent and Non-negotiable Right / Prerogative and this coercion is neither Welcome nor healthy ER Policy Practice

Hiring Process Owner is the Employer and or her/his Representative and thereby No Onus on the Person resigning.

It is also a matter of Grace and Decency to issue a Relieving Letter apart from the Necessity for the prospective Employer to know the Present Status (Pre-employment in that concern) of the Job Applicant and for the Resigned Employee to apply for /get his Full & Final Settlement Dues and a Notification that s/he stands relieved from his Duties, Responsibilities including freedom to leave the Station/place of Stay

The Laws of the Land ( Our Country in this case) apply to us - one and all

Kritarth Team, Bengaluru Service Point

4.9.2016

From India, Delhi
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