Rajanassociates
Legal Counsel
Kalyan R
Deputy General Manager - Personnel
Unusual_indu
Hr -generalist,(web Development Company),recruitment,performance
Paromita26
Hr Professional
Anu_1259
Human Resource Domain
SATISH KUMAR DHANWAL
Sr. Manager (hr)ntpc Ltd., Noida
Hiten Parekh
Hr - Pharmaceutical Industry
Evanjerik
Learning & Performance Manager
Jyo.kp3
Service
Samarkomal
Company Secretary
Rajsandhya
Ex.asst.
Swetha D Kiran
Hr Executive

Hi
I have resigned from my present company. As per the appointment letter (no other contract) i was supposed to give a one month notice or salary in lieu thereof. I gave them 10 days notice period and after 10 days i wrote a mail to my senior that since today is my last day i thank you for your support.
Now i'm receiving threatening calls from the top management that i was supposed to give one month notice and if i do not give one month notice they will publish my notice in newspaper that i'm not a sincere employee and they will destroy my career.
Please advise
17th November 2007 From India, New Delhi
Hi Samar
Did you have a word with your employer regarding the notice period ?
If yes what was the comment made by them ?
Do you have a proof that they agreed to the 10dsys notice period ?
Thanks and Regards
Indrani Chakraborty
17th November 2007 From India, Pune
Ya! I would agree with Indrani. Did u notify them that u will be leaving in 10 day’s time. What was their response at that time. Did u gave a formal letter? regards Anuradha
17th November 2007 From India, Delhi
Hi
Normally the Appointment Order contemplates one month notice or one month pay in lieu of notice. If your appointment order has the above clause, you can pay the notice pay in lieu of the balance 20 days get request your employer to relieve you from service. If there is no specific clause for payment in lieu of notice, you have to serve the notice period to get relieved properly.
It is always be better to get relieved properly to avoid future complications. Moreover if your prospective/future employer refers to the previous employer for antecedent verification, you may face issues in case of deserting the service without proper relieving order.
Thanks & Regards
Kalyan R
17th November 2007 From India, Madras
Kalyan's suggestion is absolutely true and Kalyan has given the pratical reality picture,with regard to future employer contacting your previous employer for verification !!!!
Better to relieve properly step by step rather than creating problems in future!!!!
Indrani : your questions to Samar komal is really good whih makes him clearly understand where he stands in his career path after this issue!!!!
17th November 2007 From India, Bangalore
Hi Thanks for the reply.
I sent them a formal letter of resignation which was neither accepted nor rejected by the employer.
They told me that one month notice period is required but due to some personal it is not possible to give me the notice period and i told them to deduct my salary in lieu of notice period.
On the last day i wrote a mail to my senior giving reference of my resignation letter that i'm leaving to which no response is received.
Now they are forcing me to give one month notice pending which they will not issue me the relieving and experience letter.
Regards
Samar
17th November 2007 From India, New Delhi
Hi Samar,

U have acted against the terms and conditions of offer of appointment. There is always a laid down way for acting in such situations. Why did not you comply with the terms of resignation? If there was any strong reason for leaving the comapny without giving one months notice then u could have paid back one month salary and got releived. U do not want to give one month's notice, you do not want to pay back one month salary in lieu of notice and u also want to leave the company on your convenience- all these are definitely against u and unprofessional and immature actions. Your employer can definitely destroy your whole career whenever any reference come to them seeking information about your conduct etc. Now the best way is that you pay them one months salary and take releiving letter and experience certificate. Leave on a good and happy note. You never know one day you may come back to the same company on some higher level. So think of future also.

Yours,

Satish Kumar Dhanwal

Head (HR)

NTPC Foundation
18th November 2007 From India, Delhi
The 30-day grace period between your resignation and its effectivity date is mandatory to all employees unless otherwise stipulated under a labor law or company policy.
Your resignation was duly acted upon by the company contrary to your allegation that it was "neither accepted or rejected by the employer" when they told you that "one month notice period is required."
What you did is a breach of contract and the company can sue you in court in addition to your name being published in a national newspaper. Actually, it is your own action that is threatening to destroy your career and not the company.
For whatever reason you have, whether valid or not, the only way out from your predicament is to negotiate with the employer or go back and change the effectivity date of your letter of resignation. While waiting for the grace period to end, you may file for a leave of absence if possible. This is the only win-win solution I can see.

18th November 2007 From Saudi Arabia,
Dear
There is nothing to panic.They are merely threats to make you to stay.We are in agreement with the post that you make good 20 days salary and have a decent quit.
Just send a note about the threats and also enclosing the DD for 20 days salary and request for your relieving letter.
Publising your photo is an offence and you can sue them for defamation. A mole is made into a mountain by verbal comunication. Once it is written form percieved" lions" become" mice".
Thats it and carry on forward.
With Regards
V.Sounder Rajan
E-mail :

18th November 2007 From India, Bangalore
Dear Mr. Dhanwal
I always wanted to give salary in lieu of my notice period and as per my appointment letter with the company my only liability is to give one months notice or salary in lieu thereof but they are insisting only on one month's notice period.
Also they are putting pressure to represent the company in the pending cases for a period of six months after my resignation. How this can be possible and moreover my name as the Authorised SIgnatory is not given in any of the Courts till the date of my resignation.
I hope that you can reconsider that i'm the only party who is doing the wrong things.
Regards
Samar Bhatia
19th November 2007 From India, New Delhi
Hi Samar,
Here you did the mistake when they didn't reply to your resignation mail you would been asked y they haven't replied for your mail and that time atleast you will be able to solve the case anyway happened is happened i wanted to know whether you received the releiving letter from them if yes then you need not to worry about this. If not pay them a 20 days of lieu and collect your letter and please do not get scare for all there threating because its not soo easy to spoil a career of yours if they try to do that its really bad name for there company itself if any new joinees comes to know about this then no one will join there.
Regards
Swetha
19th November 2007 From India, Bangalore
Hi Samar,

I will strongly recommend you to send the one month salary in lieu of notice alongwith a covering letter mentioning their terms and cnditions and also the threats which they have verbally given. Also ask for relieving letter and experience letter in the same communication. Keep photocopy of your signed letter with you. And the matter ends there. After this they cannot do anything against you and let them write in black and white what they want further from you. do not report to them anymore. You go ahead and join any company of your choice. But do inform your next employer about the arms twisting actions of your previous employer. then they will apprecaiet your stand. No employer on this earth can force you in this manner as per law of the land. Go ahed and enjoy life. What I could gather from your few communications on this site is that they believe that they can easily do arms twisting with you and force you back to join them. Do not go to them now. You need to adopt "assertive body language" to show that you know how to handle the as per law. Do not worry at all. Go ahead with your future plans. god Bless you.

regards,

Yours truly,

Satish Kumar Dhanwal,

Head (HR)

NTPC Foundation

Mobi. 09810544388
20th November 2007 From India, Delhi
Hi,
I have a doubt, If we hire a candidate as a trainee in the offer letter should we mention the designation and mention that this candidate will be under trainee for 6months or something.
Its bit urgent please help me out in this..............
Regards
Swetha
22nd November 2007 From India, Bangalore
Dear You can mention in bracket after the designation. Add a separate clause about the training.He must be a fresher on the Job,you should note. With Regards V.Sounder Rajan
22nd November 2007 From India, Bangalore
Hi Rajan, Thanks for the sugesstion and can i do like this that instead of the candidate will be on probabtion i can mention he will be on training?? Please advice Regards Swetha
23rd November 2007 From India, Bangalore
Hi,
They cann't do this...because you have two option either wait for 1 month notice period or give one month salary. So the goal is beyond your side, what we have to choose either wait for notice period or give one month salary as a compensation...
Don't worry....
raj
23rd November 2007 From India, Gurgaon
you have to go thru the clauses mentioned in the appointment letter, and if its mentioned that it will be 1 month notice or 1 month salary then probably you will have to let go of 20 days salary, as you have give 10 days notice, secondly it also depends if you are in your probation or completed probation, the clauses sometimes are different in some companies for both the periods
warm regards,
Ayushi Bhatia
23rd November 2007 From India, Delhi
Dont worry !
read the terms carefully. Speak to them and find a way out. Speaking directly will surely solve the problem.
Logically you should work with them for one month after giving notice or be prepared to let go the salary for the unserved period of notice.
Rest assured, they will not publish it in news paper. :) They will surely have more work to do than this type of publications.
However, a personal advise - have clarity about such things in advance. Did you take them in confidence in advance about your relieving date? In my opinion you should. Have you ampathised?
- Hiten
23rd November 2007 From India, New Delhi
Hi,

I think the other members have been very soft on you. Do you think you have behaved in a responsible manner by giving 10 days notice and then writing a "mail" to your boss that its your last day. Reverse the shoes and think what you would do if you were in your boss's shoes?

They are offended by your behaviour hence those threatening calls. As the members say, the Management has better issues than posting news about their ex-employees.

If you wanted to quit in urgency you should have had a personal talk with your boss and informed him your reasons and taken his advice how to go about the process. It would have been easier and they might have even let you go waiving the balance 20 days salary. You have put yourself in troublesome spot by behaving casually about your employment.

Try to meet and talk to your boss personally and explain matters. If you do it right and apologetically, you may still get away, with a waiver of notice period/ balance period salary.

All the best

Jyothi
23rd November 2007
dear amar,
when u gave them ur resignation letter, did they accept it?did u both agree on a relieving date? if not then, ur mail saying its ur last day is very offensive n unruly.
but if u went thru proper process of getting ur resignation accepted etc, it doesnt matter if u ve given them one month notice or 10days notice, as long as u r willing to pay for teh shortfall of notice period or they ve agredd to waive off ur shortfall.
but as per ur post, it seems that u ve not taken any acceptance to ur resignation n that u ve decided to leave irrespective of wat teh company can do . thats y those threatnign calls.
but dont wry, they ll not publish it in newspaer..n even if they do, which emplyer has the time to read such trivial things??!!!n remember ur face n profile when u go for an interview???!!!
go n apologize n leave ur org with dignity......after all, it gave u a job n living .....show some courtesy
regards,
deepthi
23rd November 2007 From India, Hyderabad
Hi friends !
I wonder whether the person who asked the question has bothered to go through the replies we give and let us have feedback !
Deepti, Jyoti, Ayushi all have give good advise. But no feedback from Komal the person who posted this.
- Hiten
23rd November 2007 From India, New Delhi
Hi All
I have received mail from some members saying that i should have given one months notice period. I just need one answer is it is so necessary to give one months notice period what is the use of adding the line salary in lieu thereof.
Moreover how can an employee be forced to continue against his wish.
In my case i gave the proper handover to the next person who was appointed in my place and further agreed to come for one day to give the handover as per the satisfaction of the company (such a broad term, i don't know how to satisfy them).
On my second last day i spoke to my immediate superior and Top management that i will be leaving tomorrow and my superior agreed to give me the relieving certificate on my last day but to my surprise he didn't turned up on that day.
Now when i have agreed to give the salary in lieu of shorter notice period how can my company force me to serve a one months notice period.
Regards
23rd November 2007 From India, New Delhi
Well Komal !

Your original post was not having many of the details you have put up on the second post.

One month notice is meant for enabling organisation have suitable replacement. One month is a reasonable duration for the recruitment and selection procedure to complete or atleast be on a right track.

Many a times organisations relieve an employee if they have proper replacement within the organisation or they feel the employee may try to take some more employees with him or spoil the environment by speaking whatever comes to his mind (may be correct or incorrect).

Salary in lieu of notice period (from employee's side) is kept as a safeguard in case an employee plans to quit immediately. Though money can not compensate what an organisation might loose because of an employee's sudden disappearance, it helps as negative motivation to employee looking to quit immediately.

There is no point in making an employee working without his / her 'WISH'. It is not depriving the right to employment. It is legally - logically and morally correct to serve one month of notice period.

I would like to know the current status in your case if you can share with us.

- Hiten
23rd November 2007 From India, New Delhi
Hi Hiten
I'm working in the new company and i have told them that the things with the previous employer was not amicably settled and there is remote chance of getting relieving letter from them. My new employer has given me the appointment letter and i have joined the duties and working fine.
As far as my previous employer is concerned, i have spoken to them and agreed to go for one day to give the handover again. They are so egoistic people and they are not able to digest that how can an employee leave them like this.
Now they are forcing me to represent the company in the Court cases in which my name is given as Authorised Representative (which are per records is NIL) and i have refused to do any such thing. How can a person represent the Company when he has already resigned from that company.
I'm ready to co-operate with them but if they will do something funny i'll drag them to the Court for defamation.
Regards
23rd November 2007 From India, New Delhi
Hi Komal !
Thanks for updates.
Now the issue is over by and large. Best of luck for your new job. I am sure you will focus all your concentration on your new assignments.
The best thing is to ignore communication from your past employer unless it is legal notice.
Hope you will have learnt enough from the issue and ensure it does not happen with you or any of your employees in future.
Good luck again.
- HIten
23rd November 2007 From India, New Delhi
Hi,

Considering the actual scene and developments you posted second and third time... the first post was too innocuous and brief !!!

Hiten has said it all. One last word though..

When you are quitting an organisation you must take all care to comply with formalities from your side so as to avoid all such unpleasant complications at a later stage.

All official communications with employers are serious matters and subject to legal validity. So the terms of appointment should be read and complied with very carefully. Though the employers may appear friendly and willing in oral talks, things can always take an ugly turn if they take a different stand at a later date... which is what seems to have happened in your case.

If you had mentioned in your very first notice letter that you are unable to give full month's notice and requested them for waiver of balance notice period OR offered salary for the remaining notice period, things would have been clear from your end. Even in case your employer backs out from his promise of relieving you on the agreed date, you would not have had a problem cause you already offered your salary in lieu of notice period.

Take care of exit procedures next time so you go to the new employers with a happy and peaceful mind.

And.. sorry for the reprimanding note in our earlier posts... it was based on the brief details given in your first post.. :)

All the best and cheers..

Jyothi
23rd November 2007
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