Hello,
I'm working with a MNC. The offer letter says that Company can give me 2 months notice in writing or pay 2 months basic in lieu of notice. I can also give 2 months notice in writing or pay 2 months basic in lieu of notice.
But, I'm not getting change to exercise this option after my resignation.
I have done all the handover also.
The HR mgr verbally says even though it is not written it is only after interest of employer is served i.e. the technical manager clears everything.
Is it right? Does the labour law work like that?
Hoping for your help.
- Guru
From India, Bangalore
I'm working with a MNC. The offer letter says that Company can give me 2 months notice in writing or pay 2 months basic in lieu of notice. I can also give 2 months notice in writing or pay 2 months basic in lieu of notice.
But, I'm not getting change to exercise this option after my resignation.
I have done all the handover also.
The HR mgr verbally says even though it is not written it is only after interest of employer is served i.e. the technical manager clears everything.
Is it right? Does the labour law work like that?
Hoping for your help.
- Guru
From India, Bangalore
Dear Guru,
Every employer looks forward for a longer association with its employees. At the same time we understand that no one is married to the company, because we work for ourself.
Clause on notice period or pay in terms & condition of employment is to ensure that whomsoever leaves the services of the company gives proper notice to his present employer, hand over every thing to his successor and clears all his dues.
Its a fact that any HR person can only help you once he receives following from reporting manager:
1. Acceptance of resignation
2. No dues
3. Confirmation mail on hand over
4. Confirmation mail from successor on taking charge
If all above is done, I believe there would be no problem in getting proper relieving from the employer. I always believe that its joint responsibility of employee and employer when it comes to smooth exit and relieving from your present employer.
Regards,
Anup
From India, Hyderabad
2Every employer looks forward for a longer association with its employees. At the same time we understand that no one is married to the company, because we work for ourself.
Clause on notice period or pay in terms & condition of employment is to ensure that whomsoever leaves the services of the company gives proper notice to his present employer, hand over every thing to his successor and clears all his dues.
Its a fact that any HR person can only help you once he receives following from reporting manager:
1. Acceptance of resignation
2. No dues
3. Confirmation mail on hand over
4. Confirmation mail from successor on taking charge
If all above is done, I believe there would be no problem in getting proper relieving from the employer. I always believe that its joint responsibility of employee and employer when it comes to smooth exit and relieving from your present employer.
Regards,
Anup
From India, Hyderabad
Hi Anup,
I understood this perfectly. But, If the immediate manager is not ready to relieve me and asking me to start "new" work then Can I use the clause mentioned in offer letter as my right?
Hoping for some more information from you.
Regards,
Guru
From India, Bangalore
I understood this perfectly. But, If the immediate manager is not ready to relieve me and asking me to start "new" work then Can I use the clause mentioned in offer letter as my right?
Hoping for some more information from you.
Regards,
Guru
From India, Bangalore
Dear Guru,
Your question does not relate to Labour Law. Offer Letter once accepted becomes a Contract between you and your employer and if it says that by paying two months notice period you can vanish, you can very well do so. It will not be illegal. What your employer is doing is illegal.
So tell your new employer about the facts and ask them to let you join on the basis of your resignation letter. They will understand it and allow you to do so. Then inform your present employer that you are leaving and that they can adjust your notice period from your dues or pay up and join your new employer.
What Anup says is correct but then your present employer should have said in the Offer letter that you shall to serve full two months which they have not done. So go ahead.
KKT
From India, Delhi
Your question does not relate to Labour Law. Offer Letter once accepted becomes a Contract between you and your employer and if it says that by paying two months notice period you can vanish, you can very well do so. It will not be illegal. What your employer is doing is illegal.
So tell your new employer about the facts and ask them to let you join on the basis of your resignation letter. They will understand it and allow you to do so. Then inform your present employer that you are leaving and that they can adjust your notice period from your dues or pay up and join your new employer.
What Anup says is correct but then your present employer should have said in the Offer letter that you shall to serve full two months which they have not done. So go ahead.
KKT
From India, Delhi
Hi,
Its completely unethical to assign a new work to any resigned employee, rather he could have assigned to your successor and requested you to make sure if he is doing good.
Ultimately it will be your decision to whether to work till your notice period finishes or you pay, but keep one thing in mind that wherever you join it would be same story when it comes to exit.
I strongly believe that your smooth exit will depend on your relations and communication with your reporting manager. So, best of luck.
Anup
From India, Hyderabad
Its completely unethical to assign a new work to any resigned employee, rather he could have assigned to your successor and requested you to make sure if he is doing good.
Ultimately it will be your decision to whether to work till your notice period finishes or you pay, but keep one thing in mind that wherever you join it would be same story when it comes to exit.
I strongly believe that your smooth exit will depend on your relations and communication with your reporting manager. So, best of luck.
Anup
From India, Hyderabad
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