Hi, I am facing a critical issue for which your suggestion would be very much helpful.
I have worked for 6.4 years in XXX and I have sent my resignation to HR and supervisor on 22nd December 2014.
They have accepted the resignation and processing accordingly.
As per the norms, my last date in XXX should be 7th February. Generally notice period is 30 days, but as I have returned from onsite few months back, as per the policy,I have to serve 90 days after my return from onsite, which I accepted.
Now the problem begins. I was getting released from my current project on 22nd Dec 2014 (the same date when I resigned officially), and currently I am un-allocated to any project. Although I have accepted to serve the full period, my HR told me that - as I am not assigned to any project,XXX is not able to allocate me any work, they would release me within Dec'14. But I will be getting only basic salary(which is only 1/4 th of my total package) till 7th Feb, on top of that, I can not join to any other company till 7th Feb. He told that he will release me within a week, but I would be bound to XXX till 7th Feb.
My question is -as I am ready to serve the total notice period, and XXX is not able to allocate me to any project, can XXX force me to serve total period with 1/4th salary? Moreover if they say that they can not utilize me and/or they do not need my service (that is the meaning of being un-allocated, I suppose), should they not release me immediately, so that I can join next employer right away? How the organization forcefully give me 1/4th salary for a month and half?
From India, Habra
I have worked for 6.4 years in XXX and I have sent my resignation to HR and supervisor on 22nd December 2014.
They have accepted the resignation and processing accordingly.
As per the norms, my last date in XXX should be 7th February. Generally notice period is 30 days, but as I have returned from onsite few months back, as per the policy,I have to serve 90 days after my return from onsite, which I accepted.
Now the problem begins. I was getting released from my current project on 22nd Dec 2014 (the same date when I resigned officially), and currently I am un-allocated to any project. Although I have accepted to serve the full period, my HR told me that - as I am not assigned to any project,XXX is not able to allocate me any work, they would release me within Dec'14. But I will be getting only basic salary(which is only 1/4 th of my total package) till 7th Feb, on top of that, I can not join to any other company till 7th Feb. He told that he will release me within a week, but I would be bound to XXX till 7th Feb.
My question is -as I am ready to serve the total notice period, and XXX is not able to allocate me to any project, can XXX force me to serve total period with 1/4th salary? Moreover if they say that they can not utilize me and/or they do not need my service (that is the meaning of being un-allocated, I suppose), should they not release me immediately, so that I can join next employer right away? How the organization forcefully give me 1/4th salary for a month and half?
From India, Habra
You may find another thread and judgments quoted in it as useful:
https://www.citehr.com/513503-notice-period-duration-pg2.html
M/s TCS should be covered by (Name of the state) Shops and Commercial Establishment Act and notice period and rate of notice pay stated in the Act shall prevail.....and it is last drawn monthly payments...
You may sSubmit in writing that you are willing to service full notice period..
After going thru the thread mentioned above and another thread mentioned in it if still there are queries you may post again
From India, Chandigarh
42https://www.citehr.com/513503-notice-period-duration-pg2.html
M/s TCS should be covered by (Name of the state) Shops and Commercial Establishment Act and notice period and rate of notice pay stated in the Act shall prevail.....and it is last drawn monthly payments...
You may sSubmit in writing that you are willing to service full notice period..
After going thru the thread mentioned above and another thread mentioned in it if still there are queries you may post again
From India, Chandigarh
Hi, organization has provide to you an appointment letter at the time of joining and also notice period days is mentioned which you will serve at the time of resignation please refer that.
Your incentive wouls not consider during the notice period for the processing of your salary of that days.
Regards
Sanjay
From India, Khopoli
Your incentive wouls not consider during the notice period for the processing of your salary of that days.
Regards
Sanjay
From India, Khopoli
Dear Friend,
1. Please go through the service conditions under which you entered into the service of TCS.
2. You would have agreed that, once you are assigned to onsite work and after return you have to work at least 90 days.
3. Your HR insists that you should serve for 90 days after return from on site. When did you return and when is the 90th day is not clear from your statement.
4. HR Dept takes your joining report, your contract etc., and decides as per the rules of the company, for which you have signed at the time of joining.
5. When they cannot find suitable project, they may keep you on Bench. That is what the HR may be doing.
6. Please talk to your HR Dept and settle the issue amicably, and get proper relieving letter, before trying to join in another organization. I am sure TCS HR people are wise enough to decide as per the principles of natural justice and legality.
All the best.
Subba Rao Bhagavatula.
From India, Hyderabad
1. Please go through the service conditions under which you entered into the service of TCS.
2. You would have agreed that, once you are assigned to onsite work and after return you have to work at least 90 days.
3. Your HR insists that you should serve for 90 days after return from on site. When did you return and when is the 90th day is not clear from your statement.
4. HR Dept takes your joining report, your contract etc., and decides as per the rules of the company, for which you have signed at the time of joining.
5. When they cannot find suitable project, they may keep you on Bench. That is what the HR may be doing.
6. Please talk to your HR Dept and settle the issue amicably, and get proper relieving letter, before trying to join in another organization. I am sure TCS HR people are wise enough to decide as per the principles of natural justice and legality.
All the best.
Subba Rao Bhagavatula.
From India, Hyderabad
Dear Suvo,
What do the company rules say ? Is it clearly mentioned there that in the event of non allocation of any project the company shall only pay the basic salary ? If it is so then XXX is well in it's right to do so.See, the allocation of work and notice period of 90 days, are two different issues.The company has not allocated any project to you because may be there is no work order or may be they have projects which would take longer than your notice period.Hence they would release you but you remain bound with their T&Cs till 7th Feb.They are paying you in any case is'nt it ? Yet you may try to convince the HR to waive this condition and sacrifice the basic pay in return.All the best !
S.K.LIMAYE
MBA(HRM)
---------------
From India, New Delhi
What do the company rules say ? Is it clearly mentioned there that in the event of non allocation of any project the company shall only pay the basic salary ? If it is so then XXX is well in it's right to do so.See, the allocation of work and notice period of 90 days, are two different issues.The company has not allocated any project to you because may be there is no work order or may be they have projects which would take longer than your notice period.Hence they would release you but you remain bound with their T&Cs till 7th Feb.They are paying you in any case is'nt it ? Yet you may try to convince the HR to waive this condition and sacrifice the basic pay in return.All the best !
S.K.LIMAYE
MBA(HRM)
---------------
From India, New Delhi
better to get relieved immediately without any compensation, get the relieving letter and join the new company.
if you have resigned, how can you expect XXX to allocate you any new project/assignment??
From India, Delhi
if you have resigned, how can you expect XXX to allocate you any new project/assignment??
From India, Delhi
Please do not mention company name. We you can post your query without company name.
=>Please refer your compensation policy for Non billable period. I believe it will be only the variable pay which will get affected for non billable period. Who informed you that it will be ¼ of you salary, have your received any mail. You can ask for clarification of the same. If there any policy rolled out earlier, you will have to refer it carefully. Get email clarification from HR on what basis salary will be deducted, Ask for supporting policy which is referred for this impact. If there is any agreement which you have signed, ask them to send copy of terms and conditions.
=>Immediately raise query on your HR web portal & have communication through e mail.
=>It’s very common problem in IT industry especially service based companies; there is less than 20% of chance for engineers to getting allocated to project after resignation.
=>If you’re on permanent rolls of the company. Notice period of all major Indian IT companies is minimum 2 months in Indian. If you’re referring to notice period when you’re at Onsite, I believe it will be 1 months.
From India, Hyderabad
=>Please refer your compensation policy for Non billable period. I believe it will be only the variable pay which will get affected for non billable period. Who informed you that it will be ¼ of you salary, have your received any mail. You can ask for clarification of the same. If there any policy rolled out earlier, you will have to refer it carefully. Get email clarification from HR on what basis salary will be deducted, Ask for supporting policy which is referred for this impact. If there is any agreement which you have signed, ask them to send copy of terms and conditions.
=>Immediately raise query on your HR web portal & have communication through e mail.
=>It’s very common problem in IT industry especially service based companies; there is less than 20% of chance for engineers to getting allocated to project after resignation.
=>If you’re on permanent rolls of the company. Notice period of all major Indian IT companies is minimum 2 months in Indian. If you’re referring to notice period when you’re at Onsite, I believe it will be 1 months.
From India, Hyderabad
It is true that HR personnel have to follow the employer's internal policy for HR.....
Hr is expected to advice the employer on compliance of various enactments applicable to the establishment for which the employer personally can be held responsible...
The private rules and policies of M/s XXX can not supersede and overrule an Act,instrument of law/Statue..................
The notice period can not be more than and notice pay can't be less than notice pay @monthly wages as stated in Shops and Commercial Establishments Act of the state..............standing orders(certified/model)......
If you apprehend unfair tactics, walk out with proper acceptance of notice,resignation,service certificate,relieving letter, and do not accept FnF statement and attach some question to it in writing under proper acknowledgment and stake your claim later.....
From India, Chandigarh
Hr is expected to advice the employer on compliance of various enactments applicable to the establishment for which the employer personally can be held responsible...
The private rules and policies of M/s XXX can not supersede and overrule an Act,instrument of law/Statue..................
The notice period can not be more than and notice pay can't be less than notice pay @monthly wages as stated in Shops and Commercial Establishments Act of the state..............standing orders(certified/model)......
If you apprehend unfair tactics, walk out with proper acceptance of notice,resignation,service certificate,relieving letter, and do not accept FnF statement and attach some question to it in writing under proper acknowledgment and stake your claim later.....
From India, Chandigarh
Go through the terms of the agreement you have signed and components of you CTC. You may find two options:- legal or mutual. You are advised to take a session with your HR before taking any profession decision from your end.
From India, Mumbai
From India, Mumbai
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