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ajay-bishnoi1
Dear Ajay, As per policy, you need to serve your complete notice period. Relieving will proceed accordingly.
From India, Jaipur
vmlakshminarayanan
922

Hi,

As per the terms and conditions of your Appointment if notice period is mentioned then you are under obligation to serve proper notice period. It is not that HR is forcing you to serve notice period but HR is doing his/her duty. That is their job to advise employees to complete proper notice period.

From India, Madras
ajay-bishnoi1
There is no way that the company can force me to serve the full notice period.Than I will be pay the recovery amount.
From India, Jaipur
vmlakshminarayanan
922

Hi,

Whether to accept notice period or salary in lieu of the same is employer's call. Mostly it should be mentioned in your appointment letter " at the discretion of the employer ". Please refer my reply in other thread for your question.

From India, Madras
Srinivas24
17

Dear Mr. Ajay,

Please verify your appointment order to see if there are two options mentioned -
(a) To serve the notice period or
(b) To pay wages in lieu of the notice period.

If the second option is available, please do not worry. You need to calculate the wages for the shortfall of the notice period and take a demand draft (DD) in the name of the company.

Next, prepare a covering letter stating why you are unable to serve the full notice period and request the company to relieve you early by accepting your payment in lieu of the notice period, please clearly specify your last working day in it. Along with this letter, please attach your resignation letter and appointment order, highlighting the exemption clause.

We suggest that you try to hand over this letter and DD to the HR in person. If he receive it, please retain the acknowledgment. However, if the HR refuses to accept it, then send it through registered post.

If your HR still refuses to relieve you, try to convince your next employer by providing all the above details along with proof and request him to allow you to join without relieving letter and tell him in writing that you will give the letter once receive from previous employer. If required, raise this issue with the appropriate authorities, to seek help and get rid of this problem.

We hope this helps.

From India, Bangalore
raghunath_bv
155

Dear Ajay,

You will be given an offer letter followed by letter of appointment stipulating terms & conditions.
you may please go through the employment letter and in that in case the serving of notice period is stated, then you have to follow the rules. However, there is always scope for negotiation,

Suppose in case you are not given in writing about your appointment, based on the number of years you have served the organization, still it becomes mandatory by default. Hence negotiations are the only route to resolve the issues.

Thanks

From India, Bangalore
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