Mr. Vaibahav,
Unless notice period is formally approved by the competent authority formally in writing, mere approval for early relief from post does not denote waiver of notice period pay. You have the liability to pay the notice period pay, which you cannot escape, as per terms of appointment. Your assumption is right that if a person is not able to pay so it.mean he couldnot do. Rules & conditions are sacrosanct. No alternative, except to get approval for waiver of notice period. Else, pay the notice period pay or serve the due notice and work for the whole period of notice.
From India, Delhi
387Unless notice period is formally approved by the competent authority formally in writing, mere approval for early relief from post does not denote waiver of notice period pay. You have the liability to pay the notice period pay, which you cannot escape, as per terms of appointment. Your assumption is right that if a person is not able to pay so it.mean he couldnot do. Rules & conditions are sacrosanct. No alternative, except to get approval for waiver of notice period. Else, pay the notice period pay or serve the due notice and work for the whole period of notice.
From India, Delhi
So far as your question, "can I go with legal," is concerned, definitely you can go legal, provided you have ample money, time and energy to face the rigour of the court case. But don't forget one thing, company will pay all expenses and use the time of the ablest lawyer to fight the case and would also be eleigible to claim expenes of the case from you, if wins the case, while you will have to waste your own money, time and energy. In spite of that, you are, not merely likely, but definitely would lose the case due to violation of the terms & consitions of appointment. Your boss cannot be considered to be competent to waive of the conditions of your employment & termination/ resignation.
From India, Delhi
From India, Delhi
In continuation to the above topic, if a company has clearly mentioned that the notice period is one month in Appointment letter and during appraisal it gives in writing, along with Increment letter that the notice period increased to three months, can this be challenged in court even if I accept the Increment letter with changed clause. Since my Appointment letter mentioned only one month.
Thanks
Moushumi
From India, Mumbai
Thanks
Moushumi
From India, Mumbai
If you have accepted the increment letter that says notice period is increased to 3 months, then the new notice period will apply. Your appointment letter terms no longer apply.
From India, Mumbai
From India, Mumbai
I was unrated on company. I didnt got appraisal due to.partiality , due to this I have resigned from services.
From India, undefined
From India, undefined
Dear Moushumi,
The management seems to have played a trick with the employees very cleverly, by including a term of notice period along with the letter of increment. If the increment is not subject to any condition of your appointment, the condition of notice period cannot have any relevance for inclusion in the increment letter. That is bad in law. Moreover, the notice period is not a condition to be changed individually for the employees at different times through their increment letters. That should have been circulated separately that too after consultation with the staff union, if your company has one, as per the conditions of the Certified Standing Orders.
However, there is one remedy to that trick. You may accept the increment letter with objection, clearing noting on the other copy that you aceept the letter with objection that you do not agree for the proposed change of the original appointment condition about the notice period. That can help you legally also, even if per chance you feel the need to approach the labour office or the court.
But, even after that you must consult in person with some service laws expert and get the T&C of your appointment and the increment letter to have definite guidelines to save your interest by wisely avoiding trap laid by the employer.
From India, Delhi
The management seems to have played a trick with the employees very cleverly, by including a term of notice period along with the letter of increment. If the increment is not subject to any condition of your appointment, the condition of notice period cannot have any relevance for inclusion in the increment letter. That is bad in law. Moreover, the notice period is not a condition to be changed individually for the employees at different times through their increment letters. That should have been circulated separately that too after consultation with the staff union, if your company has one, as per the conditions of the Certified Standing Orders.
However, there is one remedy to that trick. You may accept the increment letter with objection, clearing noting on the other copy that you aceept the letter with objection that you do not agree for the proposed change of the original appointment condition about the notice period. That can help you legally also, even if per chance you feel the need to approach the labour office or the court.
But, even after that you must consult in person with some service laws expert and get the T&C of your appointment and the increment letter to have definite guidelines to save your interest by wisely avoiding trap laid by the employer.
From India, Delhi
Mr. Dhingra has rightly advised. The service condition can be changed under section 9A of the ID Act only. Mere stating/ adding/ alternating a new clause won't make it valid. However, for the purpose of better legal remedy, consult a lawyer with both your appointment and increment letter.
From India, Kolkata
From India, Kolkata
Actually the reason behind my resignation is only incriment and appraisal.
neither they give me incriment not suitable location so I have to resign now what should I do to get relieving and settlement.
From India, undefined
neither they give me incriment not suitable location so I have to resign now what should I do to get relieving and settlement.
From India, undefined
Dear Vaibhav,
I think your hard feelings about the poor/bad performance appraisal compels you to refuse to understand the practical implications involved in a leagle tussle against your employer suggested by the learned members Saswat and Dhingra. I don't think any Lawyer, in particular any one well-versed in service matter can give you a better advice than these brilliant and experienced professionals.
In fact and according to you as well, no doubt, you may be an efficient employee. But your performance appraisal is based on the recommendation of your immediate superior and assessment of the reviewing authority. Always perceptions differ. The alleged oral approval of your boss can also be interpretted as his nod to get rid of a low performer. Performance being a continuous process need not be the same all the time - there may be ups and downs but what would matter the most in appraisal is its consistency. In stead of finding fault with their present assessment and trying to quit the job on this score despite your financial difficulty, you can make a self-introspection, stay put and try to better your performance. Otherwise, exhaust the notice period and then quit with proper exit documents facilitating your future career.
From India, Salem
I think your hard feelings about the poor/bad performance appraisal compels you to refuse to understand the practical implications involved in a leagle tussle against your employer suggested by the learned members Saswat and Dhingra. I don't think any Lawyer, in particular any one well-versed in service matter can give you a better advice than these brilliant and experienced professionals.
In fact and according to you as well, no doubt, you may be an efficient employee. But your performance appraisal is based on the recommendation of your immediate superior and assessment of the reviewing authority. Always perceptions differ. The alleged oral approval of your boss can also be interpretted as his nod to get rid of a low performer. Performance being a continuous process need not be the same all the time - there may be ups and downs but what would matter the most in appraisal is its consistency. In stead of finding fault with their present assessment and trying to quit the job on this score despite your financial difficulty, you can make a self-introspection, stay put and try to better your performance. Otherwise, exhaust the notice period and then quit with proper exit documents facilitating your future career.
From India, Salem
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