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 a 10-day notice period, and after 10 days, I wrote an email to my senior stating that since today is my last day, I thank you for your support.
Now I'm receiving threatening calls from the top management stating that I was supposed to give one month's notice and if I do not comply, they will publish my notice in the newspaper, claiming I'm not a sincere employee, and they will destroy my career.
Please advise.
From India, New Delhi
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1I 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 a 10-day notice period, and after 10 days, I wrote an email to my senior stating that since today is my last day, I thank you for your support.
Now I'm receiving threatening calls from the top management stating that I was supposed to give one month's notice and if I do not comply, they will publish my notice in the newspaper, claiming I'm not a sincere employee, and they will destroy my career.
Please advise.
From India, New Delhi
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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 proof that they agreed to the 10 days notice period?
Thanks and Regards,
Indrani Chakraborty
From India, Pune
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Did you have a word with your employer regarding the notice period? If yes, what was the comment made by them? Do you have proof that they agreed to the 10 days notice period?
Thanks and Regards,
Indrani Chakraborty
From India, Pune
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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
From India, Delhi
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From India, Delhi
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Hi,
Normally, the Appointment Order contemplates one month's notice or one month's pay in lieu of notice. If your appointment order includes the above clause, you can pay the notice pay in lieu of the balance of 20 days and 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 properly relieved.
It is always better to get properly relieved 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 a proper relieving order.
Thanks & Regards,
Kalyan R
From India, Madras
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Normally, the Appointment Order contemplates one month's notice or one month's pay in lieu of notice. If your appointment order includes the above clause, you can pay the notice pay in lieu of the balance of 20 days and 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 properly relieved.
It is always better to get properly relieved 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 a proper relieving order.
Thanks & Regards,
Kalyan R
From India, Madras
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Kalyan's suggestion is absolutely true. Kalyan has given the practical reality picture with regard to future employers contacting your previous employer for verification. It's better to relieve properly step by step rather than creating problems in the future.
Indrani, your questions to Samar Komal are really good, which makes him clearly understand where he stands in his career path after this issue.
From India, Bangalore
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Indrani, your questions to Samar Komal are really good, which makes him clearly understand where he stands in his career path after this issue.
From India, Bangalore
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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 a one-month notice period is required, but due to some personal issues, it is not possible for me to give the notice period. I informed them to deduct my salary in lieu of the notice period.
On the last day, I wrote an email to my senior, referencing my resignation letter, stating that I am leaving, but I have not received any response. Now, they are pressuring me to provide a one-month notice, without which they will not issue me the relieving and experience letter.
Regards,
Samar
From India, New Delhi
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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 a one-month notice period is required, but due to some personal issues, it is not possible for me to give the notice period. I informed them to deduct my salary in lieu of the notice period.
On the last day, I wrote an email to my senior, referencing my resignation letter, stating that I am leaving, but I have not received any response. Now, they are pressuring me to provide a one-month notice, without which they will not issue me the relieving and experience letter.
Regards,
Samar
From India, New Delhi
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Hi, Samar,
You have acted against the terms and conditions of the offer of appointment. There is always a laid-down way for acting in such situations. Why did you not comply with the terms of resignation? If there was any strong reason for leaving the company without giving one month's notice, then you could have paid back one month's salary and gotten relieved. You do not want to give one month's notice, you do not want to pay back one month's salary in lieu of notice, and you also want to leave the company at your convenience - all these are definitely unprofessional and immature actions. Your employer can definitely damage your whole career whenever any reference comes to them seeking information about your conduct, etc. Now the best way is that you pay them one month's salary and take a relieving letter and experience certificate. Leave on a good and happy note. You never know; one day you may come back to the same company at some higher level. So think of the future also.
Yours sincerely,
Satish Kumar Dhanwal
Head (HR)
NTPC Foundation
From India, Delhi
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You have acted against the terms and conditions of the offer of appointment. There is always a laid-down way for acting in such situations. Why did you not comply with the terms of resignation? If there was any strong reason for leaving the company without giving one month's notice, then you could have paid back one month's salary and gotten relieved. You do not want to give one month's notice, you do not want to pay back one month's salary in lieu of notice, and you also want to leave the company at your convenience - all these are definitely unprofessional and immature actions. Your employer can definitely damage your whole career whenever any reference comes to them seeking information about your conduct, etc. Now the best way is that you pay them one month's salary and take a relieving letter and experience certificate. Leave on a good and happy note. You never know; one day you may come back to the same company at some higher level. So think of the future also.
Yours sincerely,
Satish Kumar Dhanwal
Head (HR)
NTPC Foundation
From India, Delhi
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The 30-day grace period between your resignation and its effectivity date is mandatory for all employees unless otherwise stipulated under labor law or company policy.
Your resignation was duly acted upon by the company, contrary to your allegation that it was "neither accepted nor rejected by the employer" when they informed 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. In reality, it is your own actions that are threatening to destroy your career, not the company.
For whatever reason you have, whether valid or not, the only way out of your predicament is to negotiate with the employer or go back and change the effectivity date of your resignation letter. While waiting for the grace period to end, you may file for a leave of absence if possible. This appears to be the only win-win solution I can see.
From Saudi Arabia,
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Your resignation was duly acted upon by the company, contrary to your allegation that it was "neither accepted nor rejected by the employer" when they informed 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. In reality, it is your own actions that are threatening to destroy your career, not the company.
For whatever reason you have, whether valid or not, the only way out of your predicament is to negotiate with the employer or go back and change the effectivity date of your resignation letter. While waiting for the grace period to end, you may file for a leave of absence if possible. This appears to be the only win-win solution I can see.
From Saudi Arabia,
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Dear,
There is nothing to panic. They are merely threats to make you 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 enclose the DD for 20 days' salary and request your relieving letter. Publishing your photo is an offense, and you can sue them for defamation. A mole is made into a mountain by verbal communication. Once it is in written form, perceived "lions" become "mice."
That's it. Carry on forward.
With Regards,
V. Sounder Rajan
E-mail: rajanassociates@eth.net
From India, Bangalore
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There is nothing to panic. They are merely threats to make you 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 enclose the DD for 20 days' salary and request your relieving letter. Publishing your photo is an offense, and you can sue them for defamation. A mole is made into a mountain by verbal communication. Once it is in written form, perceived "lions" become "mice."
That's it. Carry on forward.
With Regards,
V. Sounder Rajan
E-mail: rajanassociates@eth.net
From India, Bangalore
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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 month's notice or salary in lieu thereof. However, they are insisting only on one month's notice period. Also, they are putting pressure on me to represent the company in the pending cases for a period of six months after my resignation. How can this be possible when my name as the Authorized Signatory is not given in any of the Courts until 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
From India, New Delhi
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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 month's notice or salary in lieu thereof. However, they are insisting only on one month's notice period. Also, they are putting pressure on me to represent the company in the pending cases for a period of six months after my resignation. How can this be possible when my name as the Authorized Signatory is not given in any of the Courts until 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
From India, New Delhi
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Hi Samar,
Here, you made a mistake. When they didn't reply to your resignation email, you should have asked why they hadn't responded. At that time, at least you would have been able to resolve the issue. Whatever has happened, has happened. I want to know if you received the relieving letter from them. If yes, then you need not worry about this. If not, offer to serve a 20-day notice period and collect your letter. Please do not be afraid of their threats because it's not easy for them to ruin your career. If they try to do so, it will reflect poorly on their company. If new employees find out about this, no one will want to join there.
Regards,
Swetha
From India, Bangalore
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Here, you made a mistake. When they didn't reply to your resignation email, you should have asked why they hadn't responded. At that time, at least you would have been able to resolve the issue. Whatever has happened, has happened. I want to know if you received the relieving letter from them. If yes, then you need not worry about this. If not, offer to serve a 20-day notice period and collect your letter. Please do not be afraid of their threats because it's not easy for them to ruin your career. If they try to do so, it will reflect poorly on their company. If new employees find out about this, no one will want to join there.
Regards,
Swetha
From India, Bangalore
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Hi Samar,
I strongly recommend that you send the one-month salary in lieu of notice along with a covering letter mentioning their terms and conditions and the threats they have verbally made. Also, ask for a relieving letter and an experience letter in the same communication. Keep a photocopy of your signed letter with you. The matter ends there. After this, they cannot take any action against you. Let them clearly state in writing what they require from you. Do not communicate with them further. Proceed to join a company of your choice. However, do inform your next employer about the coercive actions of your previous employer. They will appreciate your stance. No employer can legally force you in this manner. Move forward with confidence in your future plans. God bless you.
Regards,
Yours truly,
Satish Kumar Dhanwal
Head (HR)
NTPC Foundation
Mobile: 09810544388
From India, Delhi
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I strongly recommend that you send the one-month salary in lieu of notice along with a covering letter mentioning their terms and conditions and the threats they have verbally made. Also, ask for a relieving letter and an experience letter in the same communication. Keep a photocopy of your signed letter with you. The matter ends there. After this, they cannot take any action against you. Let them clearly state in writing what they require from you. Do not communicate with them further. Proceed to join a company of your choice. However, do inform your next employer about the coercive actions of your previous employer. They will appreciate your stance. No employer can legally force you in this manner. Move forward with confidence in your future plans. God bless you.
Regards,
Yours truly,
Satish Kumar Dhanwal
Head (HR)
NTPC Foundation
Mobile: 09810544388
From India, Delhi
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Hi,
I have a doubt. If we hire a candidate as a trainee, should we mention the designation and specify that this candidate will be a trainee for 6 months or something? It's a bit urgent; please help me out with this.
Regards,
Swetha
From India, Bangalore
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I have a doubt. If we hire a candidate as a trainee, should we mention the designation and specify that this candidate will be a trainee for 6 months or something? It's a bit urgent; please help me out with this.
Regards,
Swetha
From India, Bangalore
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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
From India, Bangalore
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From India, Bangalore
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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
From India, Bangalore
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From India, Bangalore
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Hi,
They can't do this because you have two options: either wait for a 1-month notice period or give one month's salary. The goal is beyond your side. We have to choose either to wait for the notice period or give one month's salary as compensation. Don't worry.
Raj
From India, Gurgaon
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They can't do this because you have two options: either wait for a 1-month notice period or give one month's salary. The goal is beyond your side. We have to choose either to wait for the notice period or give one month's salary as compensation. Don't worry.
Raj
From India, Gurgaon
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You have to go through the clauses mentioned in the appointment letter. If it's stated that the notice period will be 1 month or 1 month's salary, then you will likely have to forgo 20 days' salary since you only provided a 10-day notice. Additionally, it depends on whether you are in your probation period or have completed it. The clauses can vary in some companies for both periods.
Warm regards, Ayushi Bhatia
From India, Delhi
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Warm regards, Ayushi Bhatia
From India, Delhi
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Don't 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 of the salary for the unserved period of notice. Rest assured, they will not publish it in the newspaper. :) They will surely have more work to do than this type of publication. However, a personal advice - have clarity about such things in advance. Did you inform them in advance about your relieving date? In my opinion, you should. Have you empathized? - Hiten
From India, New Delhi
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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 of the salary for the unserved period of notice. Rest assured, they will not publish it in the newspaper. :) They will surely have more work to do than this type of publication. However, a personal advice - have clarity about such things in advance. Did you inform them in advance about your relieving date? In my opinion, you should. Have you empathized? - Hiten
From India, New Delhi
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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 it's your last day? Reverse the roles and consider what you would do if you were in your boss's shoes.
They are offended by your behavior, 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, informed him of your reasons, and sought his advice on how to proceed. It would have been easier, and they might have even let you go, waiving the balance of 20 days' salary. You have put yourself in a troublesome spot by being casual about your employment.
Try to meet and talk to your boss personally to explain matters. If you handle it correctly and apologetically, you may still get away with a waiver of the notice period or the balance period salary.
All the best,
Jyothi
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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 it's your last day? Reverse the roles and consider what you would do if you were in your boss's shoes.
They are offended by your behavior, 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, informed him of your reasons, and sought his advice on how to proceed. It would have been easier, and they might have even let you go, waiving the balance of 20 days' salary. You have put yourself in a troublesome spot by being casual about your employment.
Try to meet and talk to your boss personally to explain matters. If you handle it correctly and apologetically, you may still get away with a waiver of the notice period or the balance period salary.
All the best,
Jyothi
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Dear Amar,
When you gave them your resignation letter, did they accept it? Did you both agree on a relieving date? If not, then your mail saying it's your last day is very offensive and unruly. But if you went through the proper process of getting your resignation accepted, etc., it doesn't matter if you've given them one month's notice or ten days' notice, as long as you are willing to pay for the shortfall of the notice period or they have agreed to waive off your shortfall.
But as per your post, it seems that you have not received any acceptance of your resignation and that you have decided to leave irrespective of what the company can do. That's why those threatening calls. But don't worry, they will not publish it in the newspaper. Even if they do, which employer has the time to read such trivial things? And remember your face and profile when you go for an interview?
Go and apologize and leave your organization with dignity. After all, it gave you a job and a living. Show some courtesy.
Regards,
Deepthi
From India, Hyderabad
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When you gave them your resignation letter, did they accept it? Did you both agree on a relieving date? If not, then your mail saying it's your last day is very offensive and unruly. But if you went through the proper process of getting your resignation accepted, etc., it doesn't matter if you've given them one month's notice or ten days' notice, as long as you are willing to pay for the shortfall of the notice period or they have agreed to waive off your shortfall.
But as per your post, it seems that you have not received any acceptance of your resignation and that you have decided to leave irrespective of what the company can do. That's why those threatening calls. But don't worry, they will not publish it in the newspaper. Even if they do, which employer has the time to read such trivial things? And remember your face and profile when you go for an interview?
Go and apologize and leave your organization with dignity. After all, it gave you a job and a living. Show some courtesy.
Regards,
Deepthi
From India, Hyderabad
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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 given good advice. But no feedback from Komal, the person who posted this.
- Hiten
From India, New Delhi
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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 given good advice. But no feedback from Komal, the person who posted this.
- Hiten
From India, New Delhi
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Hi all,
I have received mail from some members saying that I should have given one month's notice period. I just need one answer: is it so necessary to give one month's 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 turn up on that day.
Now, when I have agreed to give the salary in lieu of a shorter notice period, how can my company force me to serve a one month's notice period?
Regards
From India, New Delhi
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I have received mail from some members saying that I should have given one month's notice period. I just need one answer: is it so necessary to give one month's 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 turn up on that day.
Now, when I have agreed to give the salary in lieu of a shorter notice period, how can my company force me to serve a one month's notice period?
Regards
From India, New Delhi
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Hi Komal!
Your original post did not have many of the details you have included in the second post.
A one-month notice period is meant to enable the organization to find a suitable replacement. It is a reasonable duration for the recruitment and selection procedure to be completed or at least be on the right track.
Often, organizations relieve an employee if they have a proper replacement within the organization or if they believe the employee may try to persuade others to leave or disrupt the environment by speaking their mind, whether what they say is correct or not.
Offering salary in lieu of a notice period from the employee's side serves as a safeguard in case an employee plans to quit immediately. While money cannot fully compensate for what an organization might lose due to an employee's sudden departure, it acts as a deterrent for employees looking to quit abruptly.
There is no benefit in making an employee work against their will. It is not depriving them of the right to employment. It is legally, logically, and morally correct to require a one-month notice period.
I would appreciate it if you could share the current status in your case with us.
- Hiten
From India, New Delhi
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Your original post did not have many of the details you have included in the second post.
A one-month notice period is meant to enable the organization to find a suitable replacement. It is a reasonable duration for the recruitment and selection procedure to be completed or at least be on the right track.
Often, organizations relieve an employee if they have a proper replacement within the organization or if they believe the employee may try to persuade others to leave or disrupt the environment by speaking their mind, whether what they say is correct or not.
Offering salary in lieu of a notice period from the employee's side serves as a safeguard in case an employee plans to quit immediately. While money cannot fully compensate for what an organization might lose due to an employee's sudden departure, it acts as a deterrent for employees looking to quit abruptly.
There is no benefit in making an employee work against their will. It is not depriving them of the right to employment. It is legally, logically, and morally correct to require a one-month notice period.
I would appreciate it if you could share the current status in your case with us.
- Hiten
From India, New Delhi
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Hi Hiten,
I'm working in the new company, and I have told them that things with the previous employer were not amicably settled, and there is a remote chance of getting a relieving letter from them. My new employer has given me the appointment letter, and I have joined the duties, and I am working fine.
Regarding my previous employer, I have spoken to them and agreed to go for one day to give the handover again. They are egoistic people and are not able to digest how an employee can leave them like this. Now, they are forcing me to represent the company in the court cases in which my name is given as the Authorized Representative (which, as 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 cooperate with them, but if they do something funny, I'll drag them to court for defamation.
Regards
From India, New Delhi
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I'm working in the new company, and I have told them that things with the previous employer were not amicably settled, and there is a remote chance of getting a relieving letter from them. My new employer has given me the appointment letter, and I have joined the duties, and I am working fine.
Regarding my previous employer, I have spoken to them and agreed to go for one day to give the handover again. They are egoistic people and are not able to digest how an employee can leave them like this. Now, they are forcing me to represent the company in the court cases in which my name is given as the Authorized Representative (which, as 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 cooperate with them, but if they do something funny, I'll drag them to court for defamation.
Regards
From India, New Delhi
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Hi Komal!
Thanks for the updates. Now the issue is largely over. 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 a legal notice. Hope you will have learned enough from the issue and ensure it does not happen with you or any of your employees in the future.
Good luck again. - Hiten
From India, New Delhi
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Thanks for the updates. Now the issue is largely over. 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 a legal notice. Hope you will have learned enough from the issue and ensure it does not happen with you or any of your employees in the future.
Good luck again. - Hiten
From India, New Delhi
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Hi,
Considering the actual scene and developments you posted the 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 organization, you must take all care to comply with formalities from your side 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 seems to have happened in your case.
If you had mentioned in your very first notice letter that you are unable to give a full month's notice and requested them for a waiver of the 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 because you already offered your salary in lieu of the 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
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Considering the actual scene and developments you posted the 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 organization, you must take all care to comply with formalities from your side 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 seems to have happened in your case.
If you had mentioned in your very first notice letter that you are unable to give a full month's notice and requested them for a waiver of the 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 because you already offered your salary in lieu of the 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
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