Dear Mr. Anonymous,
Before proceeding to do whatever is advised by my seniors, I would like u to do the following:-
1. Were u on probation in the employment? If so, what was the probation period?
2. Was there any clause regarding notice period to leave or terminate the service during probation period?
Generally, the service of a probationer shall be terminable by either side without notice period or with a day's notice unless specifically mentioned in the offer. Hence pls study the appointment letter and act. If there is a clause for probation period, take advantage of it and contact the mgt./ HR for getting dues either directly or thru labour authorities. Best of luck.
From India, Mumbai
94Before proceeding to do whatever is advised by my seniors, I would like u to do the following:-
1. Were u on probation in the employment? If so, what was the probation period?
2. Was there any clause regarding notice period to leave or terminate the service during probation period?
Generally, the service of a probationer shall be terminable by either side without notice period or with a day's notice unless specifically mentioned in the offer. Hence pls study the appointment letter and act. If there is a clause for probation period, take advantage of it and contact the mgt./ HR for getting dues either directly or thru labour authorities. Best of luck.
From India, Mumbai
The issue raised by Mr Srivastavacmlal does not seem to be correct since I am personally aware of some big IT companies keeping a Notice period of 3 months in their employment contracts. In my opinion, it is the type of business which decides the span of notice period, the logic being the time taken for recruitment & on-boarding to ma ke the replacement effective in that job position. I have even seen that some companies are ready to purchase the notice period of 3 months of the previous employer, if a certain resource is immediately needed. No one has ever challenged the same in a court of law.
This should legitimately convey that there is no bar to 60 days Notice period in the case under discussion, provided the employment contract has been signed by an educated employee who can read & understand what he is signing. Legal professionals can certainly lure such employees to become their clients by telling them that the experienced HR professionals are legally incorrect. Well, this is the business of legal professionals, and the HR fraternity need not comment. Let the affected party decide if it is a correct advice to knock at the doors of law.
From India, Delhi
This should legitimately convey that there is no bar to 60 days Notice period in the case under discussion, provided the employment contract has been signed by an educated employee who can read & understand what he is signing. Legal professionals can certainly lure such employees to become their clients by telling them that the experienced HR professionals are legally incorrect. Well, this is the business of legal professionals, and the HR fraternity need not comment. Let the affected party decide if it is a correct advice to knock at the doors of law.
From India, Delhi
I appreciate the views expressed by Mr Irajgali. An employee is expected first to exhaust all channels available to him. The initial channel is straight forward talk with the HR Dept of the concerned company. The employee should honestly disclose all the circumstances and request for favourable consideration of his case. If the fails at this stage then he can try to move to the next stage of making representation to the Labour Commissioner of his state with copy to the Labour Minister. Even if this does not work the employee can submit a written prayer (application) to the Chief Justice of High Court of his state stating his poor and needy condition and praying for justice. But before moving to next stages the employee has to ensure that he has no belongings of the company with him and that he has surrendered/deposited all such belonging to the company.
With good wishes to all.
Srivastava
From India, New Delhi
With good wishes to all.
Srivastava
From India, New Delhi
It is very irresponsible behaviour that one leaves the company without any notice. Company spend lot of effort, money to train a person as per their work.
Most of the people join the company till they get some other good offer. As soon as they get the offer without thinking loss of the present organisation they move on. Then why one aspect his/her due.
From India, New Delhi
Most of the people join the company till they get some other good offer. As soon as they get the offer without thinking loss of the present organisation they move on. Then why one aspect his/her due.
From India, New Delhi
This is the mistake from your side and you should ask for full & final from them,otherwise you will received a notice of providing money to equivalent to one month notice too(one month salary,they already hold).
You can ask to the management and give a valid reason of it and you can give another option to serve two months notice as per contract.
From India, Delhi
You can ask to the management and give a valid reason of it and you can give another option to serve two months notice as per contract.
From India, Delhi
Ajay Aganihotri
Dear Sir,
I was working in company for 11 months and the management asked me to quit as their firm is under a heavy financial loss. They have paid me my all dues but failed to pay my notice pay. Can I lodged a complaint against the company to Labour Commissioner. The company is in Uttar Pradesh.
From India, Pune
Dear Sir,
I was working in company for 11 months and the management asked me to quit as their firm is under a heavy financial loss. They have paid me my all dues but failed to pay my notice pay. Can I lodged a complaint against the company to Labour Commissioner. The company is in Uttar Pradesh.
From India, Pune
Srivastava:
There is nothing like 30 days "standard" notice period. In fact many companies, including Tatas, have 3 months NP, since law requires 3 months payment in lieu of notice in case of termination. hence, 3 months is more "standard" than 30 days.
In my view, it is better to avoid legal forums as far as possible & unless u r very sure that facts of the case favour you, particularly since we know very well how the Labour office & Factory Inspector offie works in our country.
From India, Mumbai
There is nothing like 30 days "standard" notice period. In fact many companies, including Tatas, have 3 months NP, since law requires 3 months payment in lieu of notice in case of termination. hence, 3 months is more "standard" than 30 days.
In my view, it is better to avoid legal forums as far as possible & unless u r very sure that facts of the case favour you, particularly since we know very well how the Labour office & Factory Inspector offie works in our country.
From India, Mumbai
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