Queries
Dear All,
I want some advice on the law on notice period and releiving letter.
This case is related to my friend who has resigned from his current organization and is now serving the notice period. The following clause was mentioned in the joining letter of this organization
Separation clause ::" After confirmation, your services may be terminated by either party by giving written notice of 30 days or gross salary in lieu of notice period on either side."
As per our interpretation, a person can leave without serving the full notice period if he gives the salary of the shortfall period to the organization.
However, the HR dept. is acting unreasonable and is saying that they can interpret the policy as per their wish.
Please let me know
(a) does the HR dept. legally do this?
(b) they have threatened not to give the relieving letter if he leaves before, Can HR do this legally?
Please advice.
regards,
Suman
30th March 2011 From India , Mumbai

PARTICIPATING IN DISCUSSION:
+3 Others

Dear Sir or Madam,

I need your support to provide benefits of my friend dependant.

One of my friends was joined in an organization on 20 December 2008 & on 13 March 2009 an accident occurred out of the factory when he was on private work. He suffered till date by serious head injury. He was not entitled for Super specialty treatment because his man-days were less than 78 days. We meet with the officials of ESI and SSMC/SMC relax this condition to avail benefits of super specialty treatment. He was taking these benefits till date i.e. 22 February 2011.

Now we need here to help for how we can provide Pension to dependant.

Can ESI provide benefits of pension to dependent??

But the contribution was less then 78 days??

ESI officials already relaxed from this condition for super specialty treatment then Pension will be pay to dependant or Not.

IF you have any legal case study or ruling in this regards, then write me at my id and attached the ruling and notification or case study .So we all HR members help to this family to survive.

Thanks for kind co-operation

Waiting your reply

Treat it urgent.

Best Regards

Munendra
30th March 2011 From India , Kanpur

Hi Suman... This is a very common seperation clause. I understand that you need to reed this clause in line with your responsibilities.

Firstly, you need to speak with your manager/HR regarding reduced notice period. This period should be a period which must be acceptable to both you and your manager for smooth transition of your responisibilities. Hence, if you are capable to handing over your current responsibilities to your manager within 10 days in a planned manner then the same should be communicated to your manager. Your manager cannot just extend your notice days beyond 10 days due to reasons that he is unable to get a substitute within next 10 days. Your manager can only dispute on grounds that your evaluation of handing over of work within 10 days is stressful for him and hence he may demand 15 or 20 days of time. After the days of notice is negociated between you and your manager, you should write an email to your manager and the HR confirming that you are only serving the number of days as notice period, as has been discussed between you and your manager.

Secondly, you should be ready with the balance pay amount before or at the last day of office.

If you document the above carefully and serve the required number of notice period as decided above, then HR cannot suspend your releving letter. If HR does suspend your releving letter even after you documenting the above process and completing the process of notice pay then you can take-up the issue with the senior management. If you are unable to convince the senior management then you should consult a lawyer to provide a notice to your employer for issuance of your reliving letter. Be careful with all the letters / documents that you exchange between you and your employer on this issue.

RoyS
2nd June 2011 From India , Delhi

Dear All: I am currently employed in a large influential US MNC in India & put my resignation giving 15days notice. I've also mentioned that the notice pay may be recovered as per contract agreement. The appt letter reads out: "This is an at will employment & can be terminated at any time by giving 1 month notice in writing or payment in lieu thereof to other party"

After having persuaded my Boss & Business Leader to let me go, they asked me to talk to HR on relieving formalities. I was shocked to talk to my HR when she said that even if I serve a notice period of full 1 month, I wont get a Relieving letter & even then I need to pay a notice recovery money of addl 1 month. According to her, the norms are of min 2 months notice (negotiable at mgmt's discretion), soft copy of this policy is also uploaded in the HR portal of my Orgn.

She also mentioned that a new policy has been introduced wef Jul'13 which says that employees not serving the full notice period of 2 months will not get Relieving letter though I haven't come across any such circular till date claiming such change. The old policy is still uploaded in the portal & I've taken screenshots with dates uploaded as a proof to deny her claim of a modified policy. HR said that they can implement new policies even from a backdate. This sounds completely absurd !!

My point is that the soft copy uploaded in the HR portal is only a general guideline & is not a mutually signed doc. Further, this policy is dtd 01st Apr'12 which is older than the appt letter I have which is dtd 23rd Apr'12 hence my appt letter logically supersedes the older declaration as uploaded in the Co's HR portal. Legally speaking, only the signed doc b/w me & then HR Leader should be considered legitimate which is the appt letter.

Its been 1 week already & my Line Mgr hasn't accepted my resignation in writing & waiting HR's consent on this for further action. What are my options as I need to join the next Orgn after a month. I again wrote back to HR on the same resignation mail saying that I can atbest serve a 1 month notice & attached a copy of the orig appt letter in support of my claim.

Regards,

Abhi
7th September 2013 From India, Mumbai

specific performance of Contract is required wherein the parties must be signatory to the contract. Any notice or mail that you have received prior to resignation could be supportive of amendment of clauses towards notice period or else it does not hold good.
19th February 2016 From India, Pune

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