Hi,
I want your help in the below mentioned matter.
My Organization requires its employees to serve 2 months of Notice Period. An Employee wants to serve only 1 month. He does not want to pay for the remaining one month.
He does not have any performance or behavioral issues in his entire work profession.
In this case, can the organization go ahead and raise Job Abandonment for the employee after one month of notice period?
Also it would be really helpful if you can direct me which section of Indian Labor Law covers this topics.
Regards,
Amit
From India, Pune
I want your help in the below mentioned matter.
My Organization requires its employees to serve 2 months of Notice Period. An Employee wants to serve only 1 month. He does not want to pay for the remaining one month.
He does not have any performance or behavioral issues in his entire work profession.
In this case, can the organization go ahead and raise Job Abandonment for the employee after one month of notice period?
Also it would be really helpful if you can direct me which section of Indian Labor Law covers this topics.
Regards,
Amit
From India, Pune
Nothing much can be done in this regards, the only option available is that you can mention the same in the Service certificate that Notice Period not fulfilled. But wait for other seniors to respond
From India, Ahmadabad
733From India, Ahmadabad
This is not a case of absconding, the employee resigned and gave short notice, for which the employer can claim an amount as penalty as per the penalty clause mentioned in the Appointment Letter/Service Book, but employer cannot refuse the Service Certificate as per my view.
From India, Ahmadabad
From India, Ahmadabad
Sir I have experienced in my previous job, an employee resigned and his resignation was accepted, his notice period was for 3 months but he left after completing one month. We refused to give service certificate for which he complained to the GLO wherein we were directed to deduct the notice period pay from his FNF, but he cannot be denied for service tax certificate for his 15 years service to the company.
I appreciate your practice and knowledge, I am not against your view either, but I hope you will also appreciate for difference of opinion/view. I have stated my view
From India, Ahmadabad
I appreciate your practice and knowledge, I am not against your view either, but I hope you will also appreciate for difference of opinion/view. I have stated my view
From India, Ahmadabad
Saji
As you will notice, I didnt dispute your statement.
I asked whether it was based on practice or law. It was a question, not a sarcastic remarks that you seem to have interpreted it as.
I am always open to learning new or being corrected. I have no problem with that.
So, i would like an answer to my original question (if you still have access to the data). Which act or rule applies under which your previous organisation was forced to give a service certificate (your pc seem to have auto-corrected that to service tax) when you were not willing to do that. I would like to know (as will others reading the thread) what section or rule to beware of.
From India, Mumbai
As you will notice, I didnt dispute your statement.
I asked whether it was based on practice or law. It was a question, not a sarcastic remarks that you seem to have interpreted it as.
I am always open to learning new or being corrected. I have no problem with that.
So, i would like an answer to my original question (if you still have access to the data). Which act or rule applies under which your previous organisation was forced to give a service certificate (your pc seem to have auto-corrected that to service tax) when you were not willing to do that. I would like to know (as will others reading the thread) what section or rule to beware of.
From India, Mumbai
My sincere apology for the typo error.
Sir with due respect I have not taken your remarks sarcastically, but I do respect and appreciate your views/remarks/statement in CITE HR
With regards to the query I do not have the access to the data for the GLO's letter, but recall few points as under
1) Employer has the right to waive of the Notice period unbiased
2) Payment in lieu of Notice Period
3) Counter Notice :- wherein an employee can give a counter-notice to leave on an earlier date than the employer’s. In practical terms employer cannot force an employee to work the notice period. But can be called upon for any handover/information/clarification with mutual consent of the employee.
From India, Ahmadabad
Sir with due respect I have not taken your remarks sarcastically, but I do respect and appreciate your views/remarks/statement in CITE HR
With regards to the query I do not have the access to the data for the GLO's letter, but recall few points as under
1) Employer has the right to waive of the Notice period unbiased
2) Payment in lieu of Notice Period
3) Counter Notice :- wherein an employee can give a counter-notice to leave on an earlier date than the employer’s. In practical terms employer cannot force an employee to work the notice period. But can be called upon for any handover/information/clarification with mutual consent of the employee.
From India, Ahmadabad
Hi Sir,
I need your urgent help. I am working as a Software Engineer in Pune for an IT firm & completed almost 3 years. I am working at client site in Pune whereas my Company Located in Bangalore. Before 1 month our client has asked me to go for a certification which was cost around 1.5 Lakhs & the same was paid by client we were 10 people who got certifications. There was no bond & no commitment not even verbal communications before certification by the employer like if we are going for certifications then we can't leave before 1 year or 6 months. even we come to know at the last moment that we will get certifications. After certification i got a good opportunity in a good MNC so i put resign at current company. Now my current employer is saying as I had gone for certification so they can't accept my resignation for 1 year. I told them there was no bond & commitment if this was the condition then they have to told me before. Now they are doing mentally harassment i told them that there was no bond still i am ready to pay them half the cost of certification but they didn't agreed. Now they put a condition on me like I have to Pay full amount of certification as well as i have to serve 3 months of notice period otherwise they will not relieve me. I replied if i have to serve 3 months of notice period then why should i pay. I also told them that i will take a legal action & will go to court they replied if you go for court then it will take around 10 years to resolve the case & my carrier will get ruin. Now i want to know what kind of legal action i can take against them. Can i file a case against them from Pune labor court or should i go to Bangalore labor court as company based in Bangalore.
From India, Kaul
I need your urgent help. I am working as a Software Engineer in Pune for an IT firm & completed almost 3 years. I am working at client site in Pune whereas my Company Located in Bangalore. Before 1 month our client has asked me to go for a certification which was cost around 1.5 Lakhs & the same was paid by client we were 10 people who got certifications. There was no bond & no commitment not even verbal communications before certification by the employer like if we are going for certifications then we can't leave before 1 year or 6 months. even we come to know at the last moment that we will get certifications. After certification i got a good opportunity in a good MNC so i put resign at current company. Now my current employer is saying as I had gone for certification so they can't accept my resignation for 1 year. I told them there was no bond & commitment if this was the condition then they have to told me before. Now they are doing mentally harassment i told them that there was no bond still i am ready to pay them half the cost of certification but they didn't agreed. Now they put a condition on me like I have to Pay full amount of certification as well as i have to serve 3 months of notice period otherwise they will not relieve me. I replied if i have to serve 3 months of notice period then why should i pay. I also told them that i will take a legal action & will go to court they replied if you go for court then it will take around 10 years to resolve the case & my carrier will get ruin. Now i want to know what kind of legal action i can take against them. Can i file a case against them from Pune labor court or should i go to Bangalore labor court as company based in Bangalore.
From India, Kaul
Hi Vaibhav,
What are your options now? Have you discussed the same with your existing company and explained them the scenario. What is their intake on this? If there is no bond or written commitment then there's no way the company can hold back your relieving subject to a proper resignation process initiated by you.
Also try to talk to your current company on a softer note and try to reach a mutually agreed parting. You must understand the company feels ditched too.
Talk it out.
From India, Mumbai
What are your options now? Have you discussed the same with your existing company and explained them the scenario. What is their intake on this? If there is no bond or written commitment then there's no way the company can hold back your relieving subject to a proper resignation process initiated by you.
Also try to talk to your current company on a softer note and try to reach a mutually agreed parting. You must understand the company feels ditched too.
Talk it out.
From India, Mumbai
Hi All, I read all the response regarding the notice period. I am also having a same problem and still not cleared. My friend is working in a MNC, his notice period is 3 months. He doesnt want to serve for 3 months, in this case what reason he can provide to the organization he works for. As per his company he cannot buy the notice period also. But he cannot serve 3 months notice period.
Please somebody help here.
From United States, Melville
Please somebody help here.
From United States, Melville
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