Notice Period During probation, your employment can be terminated with thirty days’ notice or payment of ‘Basic Salary’ (the ‘Basic Salary’ that is mentioned in the salary break-up sheet) in lieu of the notice period on either side. After completion of probationary period and confirmation of employment, if you voluntarily resign from the services of the Company, you will be required to give ninety days’ advance written notice or ‘Basic Salary’ in lieu of the notice period subject to the Company’s discretion. In the event of you having any incomplete work assignment, the Company will have the discretion to relieve you only at the end of the ninety days’ notice period. Similarly, the Company may terminate your employment by giving you ninety days’ notice or ‘Basic Salary’ in lieu of notice period. The Company can terminate your service without any notice period and without paying the salary in lieu of notice period, in case your employment is terminated on the grounds of Breach of confidentiality or IP related obligations Violation of law Gross misconduct Material breach of Company policy, on your part. In such event, the Company will not be liable to make payment in lieu of notice period.
If you have any work remaining incomplete, the company can ask you to serve full notice period. Otherwise, you can pay the basic pay in lieu of notice period and get relieved. Talk to the RO.
From India, Kannur
3891From India, Kannur
No work is pending, in fact I'm on bench.
But they are forcing to serve the full notice period citing buy out is not in company policy and we have never given buyout to anyone before.
What should be my best option in this case.
But they are forcing to serve the full notice period citing buy out is not in company policy and we have never given buyout to anyone before.
What should be my best option in this case.
But it is clearly mentioned in the offer letter that by paying three months basic pay one can get relieved. Then why not?
From India, Kannur
From India, Kannur
It is also written at company's discretion. I have completed probationary period.
see:
"After completion of probationary period and confirmation of employment, if you voluntarily resign from the services of the Company, you will be required to give ninety days’ advance written notice or ‘Basic Salary’ in lieu of the notice period subject to the Company’s discretion."
Can they really do something like this?
see:
"After completion of probationary period and confirmation of employment, if you voluntarily resign from the services of the Company, you will be required to give ninety days’ advance written notice or ‘Basic Salary’ in lieu of the notice period subject to the Company’s discretion."
Can they really do something like this?
An offer should not be one sided. They cannot compel you to serve notice period if no work is pending. If not allowing to leave, it should only be a bad HR practice.
From India, Kannur
From India, Kannur
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Legal Clarification on Severance Dues & Probation Period.PDF
Minimum Wages in Maharashtra for the period January 2018 to June 2018.xls