Hi,
Below provided is the clause related to the notice period in my organization. Here the minimum period mentioned is 1 month.
Whereas the company reserves the right to request service of notice or pay salary in lieu of, your notice period waiver or payment in lieu will be at the sole discretion of the Company, but in no event will be less than the minimum period required by applicable law.
Also given below an excerpt from the resignation letter that I had provided.
Would request you to do the needful to arrange for a smooth transition of information (Knowledge Transfer, if and whatever needed), and subsequently release from the company as per norms (hopefully the release date should not be later than 22nd March-23rd March, 2011).
This resignation letter was put forward on 22nd Feb, 2011.
After this, I was released on 23rd Feb without my consent, and it might turn out that I would not get the salary for the notice period, as well as the yearly bonus (which is a huge amount) which I should have got if I was there in the organization till a certain date in the notice period's time. It's also evident that might also be a reason for releasing me early.
So, would seek advice from some of the best minds here as of:
1. As per the norms, if I understand correctly, they should pay me the proper dues i.e. the salary for the notice period which I was willing to serve. Am I correct?
2. I should also be entitled to receive the bonus (which was supposed to be disbursed on a date within the notice period I had agreed to serve), as the amount had been declared, and they have tactically released me.
Would wait for your honest non-partial opinions.
Thanks,
Utopian
From India, Bangalore
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Below provided is the clause related to the notice period in my organization. Here the minimum period mentioned is 1 month.
Whereas the company reserves the right to request service of notice or pay salary in lieu of, your notice period waiver or payment in lieu will be at the sole discretion of the Company, but in no event will be less than the minimum period required by applicable law.
Also given below an excerpt from the resignation letter that I had provided.
Would request you to do the needful to arrange for a smooth transition of information (Knowledge Transfer, if and whatever needed), and subsequently release from the company as per norms (hopefully the release date should not be later than 22nd March-23rd March, 2011).
This resignation letter was put forward on 22nd Feb, 2011.
After this, I was released on 23rd Feb without my consent, and it might turn out that I would not get the salary for the notice period, as well as the yearly bonus (which is a huge amount) which I should have got if I was there in the organization till a certain date in the notice period's time. It's also evident that might also be a reason for releasing me early.
So, would seek advice from some of the best minds here as of:
1. As per the norms, if I understand correctly, they should pay me the proper dues i.e. the salary for the notice period which I was willing to serve. Am I correct?
2. I should also be entitled to receive the bonus (which was supposed to be disbursed on a date within the notice period I had agreed to serve), as the amount had been declared, and they have tactically released me.
Would wait for your honest non-partial opinions.
Thanks,
Utopian
From India, Bangalore
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Your 'separation date' can be a date prior to the actual relieving date. This is up to the management. However, if you are willing to serve the notice period as per the offer, even though management sends you home with immediate effect, they are supposed to pay you notice pay (can be treated as separation by management). So in both cases, I think management is bound to pay notice pay.
Unable to comment on the legal aspects here because we may need to check the appointment order, bond/contract if any, standing orders, or Conduct and Appeal Rules, etc., before you need to approach the management with an appeal initially. If they are not considering, you may consult a labor law expert and proceed with.
From India, Bangalore
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202Unable to comment on the legal aspects here because we may need to check the appointment order, bond/contract if any, standing orders, or Conduct and Appeal Rules, etc., before you need to approach the management with an appeal initially. If they are not considering, you may consult a labor law expert and proceed with.
From India, Bangalore
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Hi Utopian,
As per the clause mentioned by you here, the company is liable to pay the notice pay. However, the same clause can also imply that they can relieve you whenever they want after they receive the resignation letter. As suggested by consultme, you can contact a lawyer to understand the exact meaning of the clause.
All the best.
Regards,
Archna
From India, Delhi
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As per the clause mentioned by you here, the company is liable to pay the notice pay. However, the same clause can also imply that they can relieve you whenever they want after they receive the resignation letter. As suggested by consultme, you can contact a lawyer to understand the exact meaning of the clause.
All the best.
Regards,
Archna
From India, Delhi
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Hi,
You have to follow the guidelines outlined in the appointment letter regarding the notice period. If you fail to serve within the specified notice period, your salary will be deducted. In your situation, if the company fails to provide notice pay and tactically avoids payment, you can seek assistance from labor laws for resolution.
Thank you.
From India, Vadodara
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You have to follow the guidelines outlined in the appointment letter regarding the notice period. If you fail to serve within the specified notice period, your salary will be deducted. In your situation, if the company fails to provide notice pay and tactically avoids payment, you can seek assistance from labor laws for resolution.
Thank you.
From India, Vadodara
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