Hi
I have been working on a managerial post in an organisation for the past 8 years and currently deputed on their project outside Delhi. However, my family is in Delhi. I have tended my resignation to the organisation and have offered to serve a month's notice and to train my replacement during that time.
However, the organisation is forcing me to stay uptil end of the project, which is around 3 months away, I would like to ask, is it possible for the organisation to force an employee to work beyond their notice period. What will happen if I serve my notice period and stop coming to the office without getting formally relieved? What are the legal angles involved?
Please help me as I m in a great delimma because of this attitude of the organisation towards me. In the end, I would like to add that due to a long association with this organisation, I would not like to leave on a sour note.
Thanks in advance
From India, New Delhi
I have been working on a managerial post in an organisation for the past 8 years and currently deputed on their project outside Delhi. However, my family is in Delhi. I have tended my resignation to the organisation and have offered to serve a month's notice and to train my replacement during that time.
However, the organisation is forcing me to stay uptil end of the project, which is around 3 months away, I would like to ask, is it possible for the organisation to force an employee to work beyond their notice period. What will happen if I serve my notice period and stop coming to the office without getting formally relieved? What are the legal angles involved?
Please help me as I m in a great delimma because of this attitude of the organisation towards me. In the end, I would like to add that due to a long association with this organisation, I would not like to leave on a sour note.
Thanks in advance
From India, New Delhi
what is the notice period time in ur appontment letter .If on month they can not stop you.They can not take legal action any way .If the person leaves without notice also they can stop the payment nothing else.
Only one thing make sure you document the resignation and give handover in writing to your senior copy to senior in accounts dept.
From India, Mumbai
5Only one thing make sure you document the resignation and give handover in writing to your senior copy to senior in accounts dept.
From India, Mumbai
An employee who has served the organisation for 8 yrs, should not set a wrong precedient of leaving the company without serving the due notice period. As an HR professional (I suppose you are ), its not right to set such a wrong precedent.
Legally, action can be taken for not serving the required notice period by sending a Notice to you or a formal legal action. However, releiving letter, exp letter & any settlement due like PF & Gratuity is the mercy of that company.
Any background verification from the new employer if any, the company will say that the person is absconding from service if you do not turn up to office.
Apart from this, company cannot retain any employee legally after the employee serves the required notice period mentioned in the offer letter or the policy of the company.
Hope this clarifies !
Regards
From India
Legally, action can be taken for not serving the required notice period by sending a Notice to you or a formal legal action. However, releiving letter, exp letter & any settlement due like PF & Gratuity is the mercy of that company.
Any background verification from the new employer if any, the company will say that the person is absconding from service if you do not turn up to office.
Apart from this, company cannot retain any employee legally after the employee serves the required notice period mentioned in the offer letter or the policy of the company.
Hope this clarifies !
Regards
From India
Hi All,
Thank you for your valuable comments and guidelines. I would like to clarify a few points:
1. I am willing to serve a month's notice period as per the policies of the company.
2. I am willing to train my replacement during this period.
3. However, beyond my notice period of a month, I am not willing to stay.
4. But, I have offered them that I shall be in contact in case my help now and then, is required even after I leave the organisation.
So, in that case, what would be the scenario. I have tried explaining my problem to the seniors, sadly however, I have received a cold shoulder from them.
From India, New Delhi
Thank you for your valuable comments and guidelines. I would like to clarify a few points:
1. I am willing to serve a month's notice period as per the policies of the company.
2. I am willing to train my replacement during this period.
3. However, beyond my notice period of a month, I am not willing to stay.
4. But, I have offered them that I shall be in contact in case my help now and then, is required even after I leave the organisation.
So, in that case, what would be the scenario. I have tried explaining my problem to the seniors, sadly however, I have received a cold shoulder from them.
From India, New Delhi
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Directing vs managing-in an organisation..p pt