Hi,
I have a very important question. Seniors, pls help. We had a senior executive in the SENIOR MANAGEMENT team who recently quit us.
He had completed 5 and a half months in the organization According to his notice period during probation (less than 6 months), he was supposed to serve a notice period of 2 months as it's a senior position.
However, after placing his resignation he wished to be relieved earlier. Management asked him to serve 2 months notice period and hand over the charge to the concerned person appropriately but this person insisted that he in no way could serve 2 month notice period and that he was given a choice of two months or single day he would opt for single day. and later on, he said he can only stay for one month. Finally the management asked him to stay for one week, in such a scenario where he didn't want to work, and just hand over the charge to some other person.
According to this arrangement, there are no dues from the organization as he only stayed for one week after resignation. Now he's demanding full salary saying that it was mutually agreed to relieve him in one week, he's completely ignoring the fact that under what circumstances he was asked to leave in one week.
moreover, he's saying as per HR law, there only needs to be one day notice period during probation and not two months, but he has signed the appointment letter with this notice period. Is this true?
pls advise what can be done in this case. it's urgent. .your help will be appreciated.
Thanks,
Mini
From India, Faridabad
6I have a very important question. Seniors, pls help. We had a senior executive in the SENIOR MANAGEMENT team who recently quit us.
He had completed 5 and a half months in the organization According to his notice period during probation (less than 6 months), he was supposed to serve a notice period of 2 months as it's a senior position.
However, after placing his resignation he wished to be relieved earlier. Management asked him to serve 2 months notice period and hand over the charge to the concerned person appropriately but this person insisted that he in no way could serve 2 month notice period and that he was given a choice of two months or single day he would opt for single day. and later on, he said he can only stay for one month. Finally the management asked him to stay for one week, in such a scenario where he didn't want to work, and just hand over the charge to some other person.
According to this arrangement, there are no dues from the organization as he only stayed for one week after resignation. Now he's demanding full salary saying that it was mutually agreed to relieve him in one week, he's completely ignoring the fact that under what circumstances he was asked to leave in one week.
moreover, he's saying as per HR law, there only needs to be one day notice period during probation and not two months, but he has signed the appointment letter with this notice period. Is this true?
pls advise what can be done in this case. it's urgent. .your help will be appreciated.
Thanks,
Mini
From India, Faridabad
There are too many deviations. In order to find him a fitting reply, please look into the case and find the loopholes created by the management . When the notice period was suddenly cut down what was the compensatory information shared with him?
One week notice period was declared by the management team, hence it was almost a leadership buying the notice period out.
He had signed and agreed to serve 1 month. What was communicated to him when he requested for an early release ?
If the information wasnt set clear, right in the beginning, it calls for compensatory situation later.
There is ideally no mid way as of now. However, the Full and Final settlement needs calculate the days of the notice period agreed by the management. Wish you all the best !
From India, Mumbai
One week notice period was declared by the management team, hence it was almost a leadership buying the notice period out.
He had signed and agreed to serve 1 month. What was communicated to him when he requested for an early release ?
If the information wasnt set clear, right in the beginning, it calls for compensatory situation later.
There is ideally no mid way as of now. However, the Full and Final settlement needs calculate the days of the notice period agreed by the management. Wish you all the best !
From India, Mumbai
Dear Sir,
Thank you for finding time to reply to my query. I just wanted to clarify one thing that when management discussed the exit plan they expressed their desire for a smooth handover and discussed all the things that they wanted to be completed before the exit. This person did not react positively and said that it was too much expecting from him and he wasn't planning to stay for 2 months and wanted to be relieved at the earliest. That's when he said if he had a choice between 1 day or two months then he would opt for one day. Most he can stay until 31st March. When management realized that this person's heart is not in to the job and is not really willing to work, then what's the point of unnecessarily making someone stay without their desire. It would have been just a waste of time. So that's why this revised date of 1 week of given to that person.
But my another question to you is: this date was mutually agreed and accepted by this other person and was never forced upon him. He was glad to find out that the company is ready to relieve him even earlier (as per his desire), so as per mutual agreement, that date was fixed, then why is company still liable to pay salary till 31st March? Shouldn't he only be eligible for payment till his last working day?
Please clarify.
From India, Faridabad
Thank you for finding time to reply to my query. I just wanted to clarify one thing that when management discussed the exit plan they expressed their desire for a smooth handover and discussed all the things that they wanted to be completed before the exit. This person did not react positively and said that it was too much expecting from him and he wasn't planning to stay for 2 months and wanted to be relieved at the earliest. That's when he said if he had a choice between 1 day or two months then he would opt for one day. Most he can stay until 31st March. When management realized that this person's heart is not in to the job and is not really willing to work, then what's the point of unnecessarily making someone stay without their desire. It would have been just a waste of time. So that's why this revised date of 1 week of given to that person.
But my another question to you is: this date was mutually agreed and accepted by this other person and was never forced upon him. He was glad to find out that the company is ready to relieve him even earlier (as per his desire), so as per mutual agreement, that date was fixed, then why is company still liable to pay salary till 31st March? Shouldn't he only be eligible for payment till his last working day?
Please clarify.
From India, Faridabad
Dear Sir,
Thank you for finding time to reply to my query. I just wanted to clarify one thing that when management discussed the exit plan they expressed their desire for a smooth handover and discussed all the things that they wanted to be completed before the exit. This person did not react positively and said that it was too much expecting from him and he wasn't planning to stay for 2 months and wanted to be relieved at the earliest. That's when he said if he had a choice between 1 day or two months then he would opt for one day. Most he can stay until 31st March. When management realized that this person's heart is not in to the job and is not really willing to work, then what's the point of unnecessarily making someone stay without their desire. It would have been just a waste of time. So that's why this revised date of 1 week of given to that person.
But my another question to you is: this date was mutually agreed and accepted by this other person and was never forced upon him. He was glad to find out that the company is ready to relieve him even earlier (as per his desire), so as per mutual agreement, that date was fixed, then why is company still liable to pay salary till 31st March? Shouldn't he only be eligible for payment till his last working day?
Please clarify.
From India, Faridabad
Thank you for finding time to reply to my query. I just wanted to clarify one thing that when management discussed the exit plan they expressed their desire for a smooth handover and discussed all the things that they wanted to be completed before the exit. This person did not react positively and said that it was too much expecting from him and he wasn't planning to stay for 2 months and wanted to be relieved at the earliest. That's when he said if he had a choice between 1 day or two months then he would opt for one day. Most he can stay until 31st March. When management realized that this person's heart is not in to the job and is not really willing to work, then what's the point of unnecessarily making someone stay without their desire. It would have been just a waste of time. So that's why this revised date of 1 week of given to that person.
But my another question to you is: this date was mutually agreed and accepted by this other person and was never forced upon him. He was glad to find out that the company is ready to relieve him even earlier (as per his desire), so as per mutual agreement, that date was fixed, then why is company still liable to pay salary till 31st March? Shouldn't he only be eligible for payment till his last working day?
Please clarify.
From India, Faridabad
I would suggest that you must go by the mails that must have been mutually exchanged between him and your management regarding the notice period. If the management has given him 1 month or 1 week and which ever has been accepted by him only that notice period must be payable to him.
In case all these communications happened verbally then you must stick to the appointment letter and company policy on the terms of notice pay.
Hope you are able to sort this out. Good luck.
From India, Delhi
In case all these communications happened verbally then you must stick to the appointment letter and company policy on the terms of notice pay.
Hope you are able to sort this out. Good luck.
From India, Delhi
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