Dear ...
i totally agree with Mr. J.S Malik as i have done this with the management in one of my organization where they has a 03 months notice period & they got a replacement in two months hence they told me we are relieving you without salary..........i had to go to the top management to solve it..........and they gave me the salary for the third month and i had asked for a experience letter till the last date of my notice period.
So go ahead & fight for your rights...........its the right of the employee........if we respect the decision, obey the rules & regulations the company have to pay .........as according to the policy.
thanks,
Adhieti
09371253336
From India, Ahmadabad
i totally agree with Mr. J.S Malik as i have done this with the management in one of my organization where they has a 03 months notice period & they got a replacement in two months hence they told me we are relieving you without salary..........i had to go to the top management to solve it..........and they gave me the salary for the third month and i had asked for a experience letter till the last date of my notice period.
So go ahead & fight for your rights...........its the right of the employee........if we respect the decision, obey the rules & regulations the company have to pay .........as according to the policy.
thanks,
Adhieti
09371253336
From India, Ahmadabad
Dear Meetu,
The company can not deduct the Notice period from your full 'n' final settlement, since it was company's decision to relieve you, not yours, you wanted to serve the notice period.
You should communicate your HR people in written letter about the same, i am sure you will get a positive response.
Regards,
Jagdish Pathak
From India, Gurgaon
49The company can not deduct the Notice period from your full 'n' final settlement, since it was company's decision to relieve you, not yours, you wanted to serve the notice period.
You should communicate your HR people in written letter about the same, i am sure you will get a positive response.
Regards,
Jagdish Pathak
From India, Gurgaon
I also agree with Mr.Sajid views,so don’t worry meetu go ahead as Sajid has told you to do and watch ot wat happens. It will be good as u had not done any wrong thing. Regards Bharti K
From India, Mumbai
From India, Mumbai
I do not agree with some of the the views expressed in this thread.
1. Purpose of notice period is to avoid a sudden hole in the organisation, in case someone decides to leave. Notice period gives time for employer to find a suitable replacement and also to reallocate work to someone else, to get completed the job in hand and to properly handover the work.
2. In certain cases there are employees who are either deadwoods or are not productive and are not contributing much to the organisation. Such cases employer will not waste their time and money by retaining them on notice period.
3.Once employee decides to leave the organisation, he is not likely to make much contribution to organisation. He is interested in somehow handing over his work to someone and get going.
4. May be in this case all the points mentioned above could be managed in very few days and employer was in a position to relieve employee soon.
3. In this case there is no need for employer to pay any notice pay. Employee decided to leave and employer felt that there is no need to insist on notice period.
4. Employees should also be aware of the situation in their organisation and their standing in the organisation, so that such decisions do not come as surprise to them.
Thanks & Regards
From India, Pune
1. Purpose of notice period is to avoid a sudden hole in the organisation, in case someone decides to leave. Notice period gives time for employer to find a suitable replacement and also to reallocate work to someone else, to get completed the job in hand and to properly handover the work.
2. In certain cases there are employees who are either deadwoods or are not productive and are not contributing much to the organisation. Such cases employer will not waste their time and money by retaining them on notice period.
3.Once employee decides to leave the organisation, he is not likely to make much contribution to organisation. He is interested in somehow handing over his work to someone and get going.
4. May be in this case all the points mentioned above could be managed in very few days and employer was in a position to relieve employee soon.
3. In this case there is no need for employer to pay any notice pay. Employee decided to leave and employer felt that there is no need to insist on notice period.
4. Employees should also be aware of the situation in their organisation and their standing in the organisation, so that such decisions do not come as surprise to them.
Thanks & Regards
From India, Pune
Dear Friend , Absuletly what has been suggested by Mr.Sajid is legaly right. Tks mahesh pandey
From India, Calcutta
From India, Calcutta
Dear Meetu,
You resigned and were willing to serve but the company did not require your services, hence they relieved you immediately.
Well, whenever you resign, you either pay or serve the notice period.
You were willing to serve but the employer did not require your services, hence they relieved you. You must ask them to waive off the notice period.
Also remember if the employer ask you to leave it is termination of contract and it then that they pay you.
Roopradhika
From India, Aurangabad
You resigned and were willing to serve but the company did not require your services, hence they relieved you immediately.
Well, whenever you resign, you either pay or serve the notice period.
You were willing to serve but the employer did not require your services, hence they relieved you. You must ask them to waive off the notice period.
Also remember if the employer ask you to leave it is termination of contract and it then that they pay you.
Roopradhika
From India, Aurangabad
Dear Meetu,
The exit claue contained in a standard Appointment Letter stipulates a Notice Period.
In your case it appears that the Notice Period is One Month.
Since, you have in your resignation letter given a clear One Month's notice to the Company, the Conmpany is obliged to pay you one month's salary in lieu of the notice in case the management decides to relieve you earlier.
In short you are entitled to receive one month's salary in lieu of the notice which you have given to the Company.
Best Wishes,
Vasant Nair
09717726667
From India, Mumbai
The exit claue contained in a standard Appointment Letter stipulates a Notice Period.
In your case it appears that the Notice Period is One Month.
Since, you have in your resignation letter given a clear One Month's notice to the Company, the Conmpany is obliged to pay you one month's salary in lieu of the notice in case the management decides to relieve you earlier.
In short you are entitled to receive one month's salary in lieu of the notice which you have given to the Company.
Best Wishes,
Vasant Nair
09717726667
From India, Mumbai
Your contention is essentially correct, since it is the management which has terminated your services- you have agreed to serve one months notice.
Salary deduction can only take place in case you have taken leave without pay or have been absent without proper reason.
Suggest you send an application along with a copy of your appointmant letter, quoting the provisions in your application. Seek an interview with the Head of the organization and explain your stand. They should be able to justify the deductions failing which you can riase the level.
From India, Mumbai
Salary deduction can only take place in case you have taken leave without pay or have been absent without proper reason.
Suggest you send an application along with a copy of your appointmant letter, quoting the provisions in your application. Seek an interview with the Head of the organization and explain your stand. They should be able to justify the deductions failing which you can riase the level.
From India, Mumbai
Hey Guys
Thana a lot for such an overwhelming response...I will now contact my administration Dept with a copy of my appointment letter and ask them about it...Will let you guys know the end result....
Regards
Meetu
From India, Bangalore
Thana a lot for such an overwhelming response...I will now contact my administration Dept with a copy of my appointment letter and ask them about it...Will let you guys know the end result....
Regards
Meetu
From India, Bangalore
Small family run companies oftn indulge in un-ethical means to harass ex-employees; this fact should be well known by all. This type of companies acquire the title of "company" because of the helpful laws that encourage coporatisation. In practice, these companies would put to shame even a baniya's shop.
It is a case of harassment.
Since you have put in your resignation with a notice period of one month, which indicates that you would like to continue ill that date.
Now, if the management for their convenience or otherwise, wants to relieve you before that date, then its fine; PROVIDED the management is willing to give you salary till the end of notice period as indicated in your resignation letter.
If this condition is not met, it would imply a breach of contract on the part of the management for which you are entitled to legal remedy.
Regards.
From India, Delhi
It is a case of harassment.
Since you have put in your resignation with a notice period of one month, which indicates that you would like to continue ill that date.
Now, if the management for their convenience or otherwise, wants to relieve you before that date, then its fine; PROVIDED the management is willing to give you salary till the end of notice period as indicated in your resignation letter.
If this condition is not met, it would imply a breach of contract on the part of the management for which you are entitled to legal remedy.
Regards.
From India, Delhi
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