Dear Seniors,
I'm working in an IT/Telecom company in Noida. I'd been asked to serve the notice period 18 days prior to my appraisal,as the project I's involved was coming to an end (as I's told).
From last 2 months they had been extending my Notice period as they require an HR person. Now all of a sudden they asked me to leave on coming 15th Jan. The HOD had recruited someone of his reference to replace me.
Now in this case, am I eligible to get any notice period pay?. I'm very much confused please help me.
rgds
Rai
From India, Delhi
1I'm working in an IT/Telecom company in Noida. I'd been asked to serve the notice period 18 days prior to my appraisal,as the project I's involved was coming to an end (as I's told).
From last 2 months they had been extending my Notice period as they require an HR person. Now all of a sudden they asked me to leave on coming 15th Jan. The HOD had recruited someone of his reference to replace me.
Now in this case, am I eligible to get any notice period pay?. I'm very much confused please help me.
rgds
Rai
From India, Delhi
Hello Rai, You mention that you are already in Notice Period, which is being extended by the Company. Then where is the question of you getting any Notice Period pay? Pl elaborate. Rgds, TS
From India, Hyderabad
From India, Hyderabad
Dear Sir, My notice period is forcibly extended. ow since the new joinee is there they asked me to leave. rgds Raiii
From India, Delhi
From India, Delhi
You are on notice period
The notice period was extended, you accepted that
They can relieve you at the end of the current extension. They do not have to,pay you more than that.
I am surprised, though.
Why did you accept the extension ?
There is no rule that says you have to work for the extended notice period ?
In fact it's a concept I hear for the first time.
From India, Mumbai
The notice period was extended, you accepted that
They can relieve you at the end of the current extension. They do not have to,pay you more than that.
I am surprised, though.
Why did you accept the extension ?
There is no rule that says you have to work for the extended notice period ?
In fact it's a concept I hear for the first time.
From India, Mumbai
Dear Rai, Since you were already on notice period and the same got extended, there cannot be any question of any further payment of notice period. ( I presume that that there may not be any written communication deferring your relieving/notice period).The notice period got extended for finding a suitable substitute vice you and the moment it was available the company is well within right to ask you to leave shortly. Regards. KK
From India, Bhopal
From India, Bhopal
Hello Rai,
As stated by Saswata Banerjee & KK Nair, you can't expect any Notice period payments for the situation you are in--PRESUMING you got the regular salaries for the FULL duration of the extended Notice Period.
Frankly, I fail to understand how you came to this conclusion at all--that you ought to get the NP payment. Was it your or someone else's idea/thought?
Suggest focus on the next job--which I presume you have in-hand [else you wouldn't have resigned in the first place]--and join there ASAP.
All the Best.
Rgds,
TS
From India, Hyderabad
As stated by Saswata Banerjee & KK Nair, you can't expect any Notice period payments for the situation you are in--PRESUMING you got the regular salaries for the FULL duration of the extended Notice Period.
Frankly, I fail to understand how you came to this conclusion at all--that you ought to get the NP payment. Was it your or someone else's idea/thought?
Suggest focus on the next job--which I presume you have in-hand [else you wouldn't have resigned in the first place]--and join there ASAP.
All the Best.
Rgds,
TS
From India, Hyderabad
Dear Rai,
This is happens all the companies and why did you accepted the extension of resignation.
Its better to leave the organization smoothly its helps you in future also to get FNF settlement and reference checking also.
From India, Hyderabad
This is happens all the companies and why did you accepted the extension of resignation.
Its better to leave the organization smoothly its helps you in future also to get FNF settlement and reference checking also.
From India, Hyderabad
TS,
if you look at the original posting, he did not resign, his job was terminated as the work he was doing had come to an end. However, they kept extending his notice period as they didnt find someone to do HR related work that was then assigned.
I can only guess that he was under a false sense of security that he is not being terminated and didnt bother seriously to look for a job. This also happens in companies. They will use you to the extent that you are useful to them and then discard when that is over.
From India, Mumbai
if you look at the original posting, he did not resign, his job was terminated as the work he was doing had come to an end. However, they kept extending his notice period as they didnt find someone to do HR related work that was then assigned.
I can only guess that he was under a false sense of security that he is not being terminated and didnt bother seriously to look for a job. This also happens in companies. They will use you to the extent that you are useful to them and then discard when that is over.
From India, Mumbai
Dear Mr. Rai,
Your msg is slightly unclear and it's not clear on whether you resigned or Company put you on notice, but what ever the case may be, you don't have any recourse as you have been taken for a ride by the people. Now just get the experience certificate and find a good job. Forget to whom they have recruited as all these matters are of no use. If you argue with them they may even hold your relieving letter & FNF as it's an accepted fact that many companies just harass leaving people for flimsy reasons. You have committed mistake by accepting their requests of extensions and may be have not even searched the Job seriously. So now just forget every thing and look for a good Job.
God bless you.
From India, Delhi
Your msg is slightly unclear and it's not clear on whether you resigned or Company put you on notice, but what ever the case may be, you don't have any recourse as you have been taken for a ride by the people. Now just get the experience certificate and find a good job. Forget to whom they have recruited as all these matters are of no use. If you argue with them they may even hold your relieving letter & FNF as it's an accepted fact that many companies just harass leaving people for flimsy reasons. You have committed mistake by accepting their requests of extensions and may be have not even searched the Job seriously. So now just forget every thing and look for a good Job.
God bless you.
From India, Delhi
Mr Rai and dear all contributors,
Greetings to all of you in the New Year!
On going through the inquiry put forward by you and the views given by everyone as above. The fact is that there is no regulatory authority for the employees in private sector. Moreover there is no adequate legislation for job security for the employees. The employers adopt various tactics to get their projects done by employing people on short term basis. We also need to understand the employer's position. The enterpreneurs get contracts for various projects and accordingly plan to keep the employees. It will be recurring loss to employer if the employees are kept without any ongoing project. Therefore in such type of cases the employees need to bargain for the salary at the salary at the time of interview when the job is for a fixed period of time.
In this case it is evident that you were employed for a project work i.e. for a fixed period of time. Therefore you were aware that your empoyment would be terminated after certain date. However your period
was extended due to exigencies of work with the employer. You have disclosed that notice was given to you for termination of the job. Hence there is no ground to ask for payment. The payment can be demanded only in lieu of notice period when an employer terminates the service without serving any notice.
I hope this clarifies the situation.
At the same time I would request all employees of the private sector to raise a demand with the Central Govt. to set up a regulator for the employees of private sector so that conditions of service are properly specified and exploitation is not perpetrated. Moreover there is also a need for the Govt. to prescribe for a structure of minimum salary for the professionals like MBA, MCA, CA etc.
With good wishes to all.
srivastavacmlalatgmaildotcom
From India, New Delhi
Greetings to all of you in the New Year!
On going through the inquiry put forward by you and the views given by everyone as above. The fact is that there is no regulatory authority for the employees in private sector. Moreover there is no adequate legislation for job security for the employees. The employers adopt various tactics to get their projects done by employing people on short term basis. We also need to understand the employer's position. The enterpreneurs get contracts for various projects and accordingly plan to keep the employees. It will be recurring loss to employer if the employees are kept without any ongoing project. Therefore in such type of cases the employees need to bargain for the salary at the salary at the time of interview when the job is for a fixed period of time.
In this case it is evident that you were employed for a project work i.e. for a fixed period of time. Therefore you were aware that your empoyment would be terminated after certain date. However your period
was extended due to exigencies of work with the employer. You have disclosed that notice was given to you for termination of the job. Hence there is no ground to ask for payment. The payment can be demanded only in lieu of notice period when an employer terminates the service without serving any notice.
I hope this clarifies the situation.
At the same time I would request all employees of the private sector to raise a demand with the Central Govt. to set up a regulator for the employees of private sector so that conditions of service are properly specified and exploitation is not perpetrated. Moreover there is also a need for the Govt. to prescribe for a structure of minimum salary for the professionals like MBA, MCA, CA etc.
With good wishes to all.
srivastavacmlalatgmaildotcom
From India, New Delhi
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GST ON RECOVERY OF UNSERVICED NOTICE PERIOD.docx