Dear Seniors
I am starting this thread to help one of my friend... He needs some expert advice and looking forward to get the same from citehr.
He resigned on last month 29th (29.05.2013). One month notice period shall be over on 29th of this month (29.06.2013). He wants to leave the organization on 29th of thins month and he is ready to pay one month salary to the company as per the below clause in the appointment letter.
Notice period / Termination Clause in the appointment letter:
"The contract of employment between you and the Company may be terminated by either party by giving 2 month notice or gross monthly salary in lieu thereof. However release from the services of the company will be subject to satisfactory handover if the responsibilities assigned to you."
Now the employer denying to relieve him and saying you have to work for another one month for getting proper relieving letter or else will go for legal obligations.
Kindly advice:
1. What will happen if the person leaves the company without serving another one month notice period.
2. What legal action the company can take against him?
3. How he can defend the same if company took any legal action against him?
From India
713I am starting this thread to help one of my friend... He needs some expert advice and looking forward to get the same from citehr.
He resigned on last month 29th (29.05.2013). One month notice period shall be over on 29th of this month (29.06.2013). He wants to leave the organization on 29th of thins month and he is ready to pay one month salary to the company as per the below clause in the appointment letter.
Notice period / Termination Clause in the appointment letter:
"The contract of employment between you and the Company may be terminated by either party by giving 2 month notice or gross monthly salary in lieu thereof. However release from the services of the company will be subject to satisfactory handover if the responsibilities assigned to you."
Now the employer denying to relieve him and saying you have to work for another one month for getting proper relieving letter or else will go for legal obligations.
Kindly advice:
1. What will happen if the person leaves the company without serving another one month notice period.
2. What legal action the company can take against him?
3. How he can defend the same if company took any legal action against him?
From India
Hi,
Answer to your question.
1. Nothing, since he is agreeing to pay penalty in lue of his notice period.
2. Nothing
3. Does not arise.
Having said above, if there is nothing much to loose by working for one more month, whats the harm. If your friend has an offer in hand, ask him to buy the time to join them.
Remember, it better to leave with good terms then bad memeories. You don't know when you will need someones help. This world is too small.
I have a case, where this smart programmer worked for X company and left with serious bad relationship. He joined a better company with better offer. All was going good for him and one day suddenly it so happend that his company merged with his old Ex company and he had to face his old MD. Result, I guess you already know, he left the company and was without job for almost a year. God helped him and now he doing good.
As an employee, provided the employer is not harrassing you, there is no harm to accept their resonable demand then to leave a company with good terms. For unresonable demands, you have right to reject the same and also put down the same in writing.
Note: In above case if you friend agrees to work for 1 more month, I am sure u are aware that he does not need to pay any penalty.
Ukmitra
PS with politeness: As far as possible, don't publish your company name if you are not the owner. Be discrete.
From Saudi Arabia, Riyadh
Answer to your question.
1. Nothing, since he is agreeing to pay penalty in lue of his notice period.
2. Nothing
3. Does not arise.
Having said above, if there is nothing much to loose by working for one more month, whats the harm. If your friend has an offer in hand, ask him to buy the time to join them.
Remember, it better to leave with good terms then bad memeories. You don't know when you will need someones help. This world is too small.
I have a case, where this smart programmer worked for X company and left with serious bad relationship. He joined a better company with better offer. All was going good for him and one day suddenly it so happend that his company merged with his old Ex company and he had to face his old MD. Result, I guess you already know, he left the company and was without job for almost a year. God helped him and now he doing good.
As an employee, provided the employer is not harrassing you, there is no harm to accept their resonable demand then to leave a company with good terms. For unresonable demands, you have right to reject the same and also put down the same in writing.
Note: In above case if you friend agrees to work for 1 more month, I am sure u are aware that he does not need to pay any penalty.
Ukmitra
PS with politeness: As far as possible, don't publish your company name if you are not the owner. Be discrete.
From Saudi Arabia, Riyadh
I would just like to contradict a little from Ukmitra,
Though if we see that an employer can't force someone to work for him/her.
In that case and also since the appointment letter gives the option of notice period buy out, the company should be willing to accommodate the request.
However, if your friend is on a project which is very important and if the company do not have a right person to take the project full fledge ahead after he is no more associated with the company, the company may ask your friend to complete the notice period and allow them to find a suitable replacement.
Also if say the project is expected to get over in that month's time then the company may want him to finish the task and then leave rather than handing over for only the final step.
There is always another side to the argument. I would only like to suggest you to negotitate the period to be served and also seek from new employer if they can accommodate the request...
Another piece of advise to most people -
Many people will tell the prospective employers that they can join in one month's time by adjusting the notice against leaves or by paying for the notice period as per the clause....
Kindly note that it is advisable to tell them that on paper your notice period is of X months but the company has laid out an option of notice buy out. You'd like to avail the facility of notice buy out and try for early relief but that would again depend on the project leader and other authorities to relieve you.
Always remember that though we can tender our resignation any time, it is in the company's hands to relieve us. It is not that they'd not, but there are certain procedures to be followed. That's all about it.
From India, Mumbai
Though if we see that an employer can't force someone to work for him/her.
In that case and also since the appointment letter gives the option of notice period buy out, the company should be willing to accommodate the request.
However, if your friend is on a project which is very important and if the company do not have a right person to take the project full fledge ahead after he is no more associated with the company, the company may ask your friend to complete the notice period and allow them to find a suitable replacement.
Also if say the project is expected to get over in that month's time then the company may want him to finish the task and then leave rather than handing over for only the final step.
There is always another side to the argument. I would only like to suggest you to negotitate the period to be served and also seek from new employer if they can accommodate the request...
Another piece of advise to most people -
Many people will tell the prospective employers that they can join in one month's time by adjusting the notice against leaves or by paying for the notice period as per the clause....
Kindly note that it is advisable to tell them that on paper your notice period is of X months but the company has laid out an option of notice buy out. You'd like to avail the facility of notice buy out and try for early relief but that would again depend on the project leader and other authorities to relieve you.
Always remember that though we can tender our resignation any time, it is in the company's hands to relieve us. It is not that they'd not, but there are certain procedures to be followed. That's all about it.
From India, Mumbai
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Resignation Letter.jpg
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