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Author Topic: Notice period rules  (Read 710 times)

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Offline lresearch19

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Notice period rules
« on: March 12, 2017, 12:41:34 PM »
Hi, I just had a simple query regarding the notice period in any private firm. What happened is that before resigning I had a discussion with my manager (verbal discussion) regarding reduction of the notice period just by a few days. Say it was 90 days and I wanted to reduce by couple of weeks. Now the policy states that a manager can relieve someone at his discretion or the company can come to a financial understanding wherein the employee pays a penalty equal to his gross salary for each day he is relieved early. Verbally it was agreed to be the former (managers discretion option). And no where was penalty mentioned. The penalty amount is usually when the new company agrees to a notice period buy out. But here there was no new company. Just me leaving early. Anyway, so on the last day I get a message saying that I have to pay the full amount penalty for the no of days I am leaving early (as per my gross salary). So I called up the manager and he said he will look into it. HR said don't worry there is a way around it. There must be some error in the request that was raised to relieve me, etc... Now they are essentially trying to extort a massive sum from me saying that I have to pay it. Whereas I am telling them that I never agreed to such a thing. The only reason I decided to leave a few days early was because my Manager assured me it's ok.  Apart from this, I had an equal amount of earned leaves which I had not taken, have worked my *** off for the company and this is how they are treating me. And they are not releasing my experience letter. That letter is very important from a career point of view. It's been months and I am stuck and they say they won't release my experience letter.
So I just wanted some advice about my legal position on this ?
Any advice will be appreciated.
Thanks in advance

Offline riteshmaity

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Re: Notice period rules
« Reply #1 on: March 14, 2017, 10:28:08 PM »
From an employer's point of view notice period is required so that the employer can find a replacement within the notice period. For example, if notice period is 3 months and the company is able to find a replacement within 1 month, then the company may waive the 2 months notice period of the existing employee. There is no use of paying 2 months additional notice pay to the exiting employee and the new joinee may not wait for 2 months to join. This is totally the discretion of the management.

In your case since you have no written documents (as you said you did verbal communication) of agreement of early exit, the company may right demand notice pay for the delays of early exit prior to your notice period.
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Offline lresearch19

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Re: Notice period rules
« Reply #2 on: March 15, 2017, 10:50:28 AM »
Thanks for the reply. But isn't it cheating the employee by telling him you can resign and not to worry. And then being notified on the last day that you have to pay ? Ethics point of view ? It's no where in writing that I agreed to pay any amount. On the contrary I have correspondence from them which says that they agree I was informed too late and they will find out the reason and try and investigate. So how can they legally demand anything ? If anything can't I take them to court for lying or deceiving any employee to resign early and then asking for money ? The resignation was initiated in the system by management, NOT by me. So effectively, they did this not me. correct ?

Offline riteshmaity

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Re: Notice period rules
« Reply #3 on: March 15, 2017, 12:52:12 PM »
Thanks for the reply. But isn't it cheating the employee by telling him you can resign and not to worry. And then being notified on the last day that you have to pay ? Ethics point of view ? My advice was from legal point of view only. Verbal communication cannot be relied upon hence you will not be able to prove cheating. It's no where in writing that I agreed to pay any amount. On the contrary I have correspondence from them which says that they agree I was informed too late and they will find out the reason and try and investigate. So how can they legally demand anything ? If you have such written communication, then contact a lawyer with all the documents to understand the next course of action that would be suitable for you. If anything can't I take them to court for lying or deceiving any employee to resign early and then asking for money? Surely you can take them to court but before taking anyone to court, do the basic homework i.e. collecting as much evidence as possible.  The resignation was initiated in the system by management, NOT by me. So effectively, they did this not me. correct ? If you can prove it, go ahead.

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