Dear All,
with 1 week's notice through email. But now he is very pissed off and asked me to pay 3 months salary as mentioned in the offer letter.
I thought of ending up the contract by adjusting one month's basic salary from my unpaid salary, but now i feel that i would have acted smart if i would have got the cheque and left the company without any reasons. We had a long discussion about it, my boss shouted, yelled, humiliated me, but i was very confident of my decision. It was a tough time for me to explain the reasons of leaving without serving the full notice period. Later on he agreed for me to serve notice period of one month and leave the organization or else he will sue me big time.
Now i am confused that what if i continue the services, will i get my previous month salary and salary for the notice period served. But i am sure the way he was negotiating with me i believe that he needs me at least for a month cos the work might get affected if i leave too early and they won't be able to find any replacement so early also.
As asked by my boss to serve 1 month's notice, I have decided I would continue the services and will extend my notice period for one month only if they pay me previous month's salary and confirmation of getting full and final settlement after serving 1 month's notice period.
These were the clauses mentioned in my offer letter and appointment letter :
OFFER LETTER
Notwithstanding any other provision of this Agreement, this Agreement may be terminated by either Party by providing sixty (60) days prior written notice to the other Party, or by payment of basic salary in lieu of notice in case of termination of employment by the Company.
APPOINTMENT LETTER
Should you wish to terminate your services with the company, you will be at liberty to resign from our employment with three month's prior notice. It will be the company's discretion to decide whether you should work for full period of the notice or whether your services shall terminate at some earlier date.
Now i have few questions which i need to clarify from all you experienced people to help me take the decision as soon as possible ;
1) Is it still a wise advice to continue and serve notice period and be assure there won't be any problem.
2) Is there any way i can get my unpaid salary of whole 1 month.
3) Can my boss actually sue me because i did not serve 3 months notice period.
4) How can i get my full and final settlement by adjusting the basic salary as mentioned in the clause.
5) What is the format for extending notice period and confirmation for getting full and final settlement after serving 1 month's notice period as asked for.
6) HR person has given me the copy of Appointment letter but has still not provided me the copy of offer letter as he told me its the same as provided in the email. So, is it necessary to ask for the copy in case they sue me for anything later.
7) Can they hold me responsible for any of the subsequent project failures – and file a suit against me to that effect?
Overall the main thing was to have good relations with my boss and end up the contract professionally and also not to be counted as ABSCONDING case. But now he wants me to serve one month notice period or else i should be ready to run to courts for hearings..What Should I do???
From India, Delhi
with 1 week's notice through email. But now he is very pissed off and asked me to pay 3 months salary as mentioned in the offer letter.
I thought of ending up the contract by adjusting one month's basic salary from my unpaid salary, but now i feel that i would have acted smart if i would have got the cheque and left the company without any reasons. We had a long discussion about it, my boss shouted, yelled, humiliated me, but i was very confident of my decision. It was a tough time for me to explain the reasons of leaving without serving the full notice period. Later on he agreed for me to serve notice period of one month and leave the organization or else he will sue me big time.
Now i am confused that what if i continue the services, will i get my previous month salary and salary for the notice period served. But i am sure the way he was negotiating with me i believe that he needs me at least for a month cos the work might get affected if i leave too early and they won't be able to find any replacement so early also.
As asked by my boss to serve 1 month's notice, I have decided I would continue the services and will extend my notice period for one month only if they pay me previous month's salary and confirmation of getting full and final settlement after serving 1 month's notice period.
These were the clauses mentioned in my offer letter and appointment letter :
OFFER LETTER
Notwithstanding any other provision of this Agreement, this Agreement may be terminated by either Party by providing sixty (60) days prior written notice to the other Party, or by payment of basic salary in lieu of notice in case of termination of employment by the Company.
APPOINTMENT LETTER
Should you wish to terminate your services with the company, you will be at liberty to resign from our employment with three month's prior notice. It will be the company's discretion to decide whether you should work for full period of the notice or whether your services shall terminate at some earlier date.
Now i have few questions which i need to clarify from all you experienced people to help me take the decision as soon as possible ;
1) Is it still a wise advice to continue and serve notice period and be assure there won't be any problem.
2) Is there any way i can get my unpaid salary of whole 1 month.
3) Can my boss actually sue me because i did not serve 3 months notice period.
4) How can i get my full and final settlement by adjusting the basic salary as mentioned in the clause.
5) What is the format for extending notice period and confirmation for getting full and final settlement after serving 1 month's notice period as asked for.
6) HR person has given me the copy of Appointment letter but has still not provided me the copy of offer letter as he told me its the same as provided in the email. So, is it necessary to ask for the copy in case they sue me for anything later.
7) Can they hold me responsible for any of the subsequent project failures – and file a suit against me to that effect?
Overall the main thing was to have good relations with my boss and end up the contract professionally and also not to be counted as ABSCONDING case. But now he wants me to serve one month notice period or else i should be ready to run to courts for hearings..What Should I do???
From India, Delhi
AnamiKadeviji,
Majority of organizations who practise such clause knows their position is weak in laws but knowing the fact they delebrately incorporate this clauses. Employers are using such clauses as instrument for deterrence and nothing beyond this to sue any employee.
This clause is meaningless if you complaint to labour Inspector or Commissioner office. Your boss will withdraw all clauses .........
Basuically, probationary employees are not bound by such clause.
Regards
Sawant
From Saudi Arabia
13Majority of organizations who practise such clause knows their position is weak in laws but knowing the fact they delebrately incorporate this clauses. Employers are using such clauses as instrument for deterrence and nothing beyond this to sue any employee.
This clause is meaningless if you complaint to labour Inspector or Commissioner office. Your boss will withdraw all clauses .........
Basuically, probationary employees are not bound by such clause.
Regards
Sawant
From Saudi Arabia
Thank you so much Sawant ji. It actually boosted my confidence for taking further steps. I am planning to demand my previous month salary and once it gets cleared i will extend my notice period to 1 month otherwise i will stop going to office from next day on.
From India, Delhi
From India, Delhi
anamika ji i just wana know that as if in your condition you are serving them in notice period of 6 month and you are ready to serve them for a month, is there any written law against this act...
like a friend of mine is facing some problems in her current job she is willing to join other company and want to leave current job..
her boss is forcing her to complite her notice period of 3 months which she is not willing to do because of a coluige who is also a relative of her boss....
From India, Bhopal
like a friend of mine is facing some problems in her current job she is willing to join other company and want to leave current job..
her boss is forcing her to complite her notice period of 3 months which she is not willing to do because of a coluige who is also a relative of her boss....
From India, Bhopal
Yes Mr. Kunjan, Just check this clause which might answer your question ;
Should you wish to terminate your services with the company, you will be at liberty to resign from our employment with three month's prior notice. It will be the company's discretion to decide whether you should work for full period of the notice or whether your services shall terminate at some earlier date.
From India, Delhi
Should you wish to terminate your services with the company, you will be at liberty to resign from our employment with three month's prior notice. It will be the company's discretion to decide whether you should work for full period of the notice or whether your services shall terminate at some earlier date.
From India, Delhi
Anamika,
Everything works on personal rapport in all organisations irrespective of the class i.e. Government, Private, MNC etc. I have served the Army, RBI and now am with an MNC and I can say from 12 yrs of professional experience that everything is possible, all waivers can be given, most rules can be made-to-order only if you share a good rapport. And, mind you, I am not talking about any illegal things .
It is important to build good relationships with all around you. I am sure you would have done that. But considering you and your boss are not seeing eye-to-eye, things have come to this. It is at the discretion of the Management (read Boss) to waive off the notice period/payment of basic pay. If you try and patch up with your boss, work as hard as you can till the day you step out of the organisation, things will become easier for you.
Do not burn bridges (cut-off relationships) because you have decided to leave the organisation. Who knows the same Boss joins the new organisation you have joined two years from now.
My suggestion : Walk up to your Boss, say that you are going through a rough patch and need his assistance. Personal differences apart, you wish to continue working for the notice period and you will work hard. Request him for your salary after a week of this talk. I am sure things will work out better for you. Also, ignore the threats that you have to run to court and all, that is an empty threat. But like you wish, why should we make relations sour, right?
Hope things turn out better for you, Good Luck!!
Everything works on personal rapport in all organisations irrespective of the class i.e. Government, Private, MNC etc. I have served the Army, RBI and now am with an MNC and I can say from 12 yrs of professional experience that everything is possible, all waivers can be given, most rules can be made-to-order only if you share a good rapport. And, mind you, I am not talking about any illegal things .
It is important to build good relationships with all around you. I am sure you would have done that. But considering you and your boss are not seeing eye-to-eye, things have come to this. It is at the discretion of the Management (read Boss) to waive off the notice period/payment of basic pay. If you try and patch up with your boss, work as hard as you can till the day you step out of the organisation, things will become easier for you.
Do not burn bridges (cut-off relationships) because you have decided to leave the organisation. Who knows the same Boss joins the new organisation you have joined two years from now.
My suggestion : Walk up to your Boss, say that you are going through a rough patch and need his assistance. Personal differences apart, you wish to continue working for the notice period and you will work hard. Request him for your salary after a week of this talk. I am sure things will work out better for you. Also, ignore the threats that you have to run to court and all, that is an empty threat. But like you wish, why should we make relations sour, right?
Hope things turn out better for you, Good Luck!!
Hi Anaamika,
Well, if you know that work will be affected if you leave them at such a short notice then it would be unfair on your part to leave like this.
I need some clarification here...ur Offer Letter says, its 2months notice but your Appointment Letter says 3months. Which one of these is correct and which one is applied to Probationers?
Check your HR Manual. It will have all answers. else, ask your HR.
Also, check with ur HR as to why there is a delay in ur salary processing. May be they have some genuine unavoidable reasons.
Discuss with your boss about why exactly you are not able to continue there. Tell him that you are willing to serve the required notice period as you dont want the work to be affected. End your discussions of amicable terms.
And dont worry about the legal hassle...he cannot sue you but your reputation will take a major beating if you leave without informing.
From India, Hyderabad
Well, if you know that work will be affected if you leave them at such a short notice then it would be unfair on your part to leave like this.
I need some clarification here...ur Offer Letter says, its 2months notice but your Appointment Letter says 3months. Which one of these is correct and which one is applied to Probationers?
Check your HR Manual. It will have all answers. else, ask your HR.
Also, check with ur HR as to why there is a delay in ur salary processing. May be they have some genuine unavoidable reasons.
Discuss with your boss about why exactly you are not able to continue there. Tell him that you are willing to serve the required notice period as you dont want the work to be affected. End your discussions of amicable terms.
And dont worry about the legal hassle...he cannot sue you but your reputation will take a major beating if you leave without informing.
From India, Hyderabad
Hi Anamika
Senior and learned memebers of the community have already suggested you practical way outs to the situation,I would just like to add my bit to it
First of all I would like to know what is your reason for resigning from the current organisation, is it only because your company has mot paid you the last months salary or there are other reasons like better prospects ,dissatisfation with the current job role etc ?
If it is only because they have not paid you your last months salary then you have every right to quit the company because none of us work for charity. They way you are bound to give your 100% to your job ,serve your notice period and have a clean exit from the company similarly the company is also committed to pay off your salary.
If you are leaving the organisation for some other reasons then I suggest you do some rethinking because 1 month I guess is too short a period to understand your roles and responsibilities in the organisation.
Lastly I would like to say that I agree with the other memebers of the community who have pointed out not "to burn the bridges" and have a clean exit .I know it will be extremely difficult for you to do that at this point of time as things have already gone sour but there is no harm trying right ? I suggest that you atleast serve a notice period of 1 month so that you can finish off with your pending work/ Myself being an HR I understand how difficult it is to get a replacement for a person who has left the organisation without notice ,so please dont do that .
Moreover if you leave your work unfinished it might also happen that your current orgn provides a negative feedback on your profile to your prospective employers
I hope this makes sense to you
All the best
Thanks and Regards
Indrani Chakraborty
From India, Pune
Senior and learned memebers of the community have already suggested you practical way outs to the situation,I would just like to add my bit to it
First of all I would like to know what is your reason for resigning from the current organisation, is it only because your company has mot paid you the last months salary or there are other reasons like better prospects ,dissatisfation with the current job role etc ?
If it is only because they have not paid you your last months salary then you have every right to quit the company because none of us work for charity. They way you are bound to give your 100% to your job ,serve your notice period and have a clean exit from the company similarly the company is also committed to pay off your salary.
If you are leaving the organisation for some other reasons then I suggest you do some rethinking because 1 month I guess is too short a period to understand your roles and responsibilities in the organisation.
Lastly I would like to say that I agree with the other memebers of the community who have pointed out not "to burn the bridges" and have a clean exit .I know it will be extremely difficult for you to do that at this point of time as things have already gone sour but there is no harm trying right ? I suggest that you atleast serve a notice period of 1 month so that you can finish off with your pending work/ Myself being an HR I understand how difficult it is to get a replacement for a person who has left the organisation without notice ,so please dont do that .
Moreover if you leave your work unfinished it might also happen that your current orgn provides a negative feedback on your profile to your prospective employers
I hope this makes sense to you
All the best
Thanks and Regards
Indrani Chakraborty
From India, Pune
Hi Anamika,
1. I think You should discuss all the things with your boss openly and should not give a threat of law and legislation.
2. Tell him clearly about the notice of one month.
3. As per law you are on a safer side because -
1) If you have not signed the offer letter and appointment letter, its incomplete.
2) Every employer should give the salary / wages within the seven day of coming month. But you have not got your salary for last 1 -2 months without any intimation from employer. So its illegal.
3) You are ready to serve the notice period of one month and ready to pay for the shortfall of notice period you will get a benefit in labour court.
3) please keep it in your mind that labour court should be the last option in any case. No doubt that the case wil be in favour of yours.
Again I will say that it would not be a professional way to do the things you are supposed to be a good professional.
regards
Dinesh Kumar
From India, Faridabad
1. I think You should discuss all the things with your boss openly and should not give a threat of law and legislation.
2. Tell him clearly about the notice of one month.
3. As per law you are on a safer side because -
1) If you have not signed the offer letter and appointment letter, its incomplete.
2) Every employer should give the salary / wages within the seven day of coming month. But you have not got your salary for last 1 -2 months without any intimation from employer. So its illegal.
3) You are ready to serve the notice period of one month and ready to pay for the shortfall of notice period you will get a benefit in labour court.
3) please keep it in your mind that labour court should be the last option in any case. No doubt that the case wil be in favour of yours.
Again I will say that it would not be a professional way to do the things you are supposed to be a good professional.
regards
Dinesh Kumar
From India, Faridabad
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