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Query on notice period?
Human Resources » Attrition and Retention


Chrm Message From: kamlesh.sri Total Posts: 13 Join Date: 30/05/2012
Rank: Executive Post Date: 21/05/2013 23:23:01 Points: 65 Location: India

Dear Friends,
 
My friend's company relieved four employees without one month notice.  The performance of the employees was never an issue for relieving them from their services.
 
Now, the contract mentions that either party need to inform at least a month before or to pay the second month salary in case of without information.  The company has paid to all the employees that have left in the past.
 
They haven't paid the notice period salary to these employees though.
 
Seek your guidance as to how can we proceed legally. 
 
Thanks & Regards,
Kamlesh

Chrm Message From: Pushyamitra Total Posts: 2 Join Date: 30/05/2012  
Rank: Beginner Post Date: 08/09/2013 05:53:46 Points: 10 Location: India

 Just in case you get to know about policy of the organization regarding resignations , you will find information on this. 

 

Secondly, notice period is a part of labour law and if a person is working as a workman then that person can go to labour law related advocate as to what can be done else a civil cse shall be filed.

 

Chrm Message From: hremprel Total Posts: 7 Join Date: 30/05/2012  
Rank: Beginner Post Date: 14/09/2013 06:32:50 Points: 35 Location: India

At first, ascertain the terms and conditions of their service as would have been mentioned in their letters of appointment.  Is there a distinct clause for termination of employment by either party giving one month's notice or salary in lieu thereof? Is there any other clause that has a different application for a certain class of employees - such as Trainees or Probationers?

Did the Company issue any letter to the employees while relieving them?  Did the employees have to submit letter of resignation to the Company?  In case, they have been asked to submit letters of resignation, did they specifically say that it is a notice for resignation?  Technically, if they have submitted resignation and not provided for notice, it will appear that it was the choice of the employee to leave and notice period has been waived by the Company.

Look into all the above facts and if there is a case, then get each of your friends to write a letter to the Company claiming the notice period pay.

 
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