• Notice period of 60 days

My employer cognizant is requesting to serve 60 days notice period as per policy but i will be able to serve only 15 days notice due to personal reasons. But HR is telling will not provide proper relieving letter and experience letter. Please suggest can i legally eligible to claim proper relieving letter and experience letter. [deleted]
Asked 4 years ago in Labour

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17 Answers

legally you are not eligible unless you pay the short fall of notice period , if the notice policy was mentioned in the appointment letter.

Company can retain the relieving  letter for the reason for not complying the notice period terms and conditions

 

The the basic salary for the period will have to be paid to the company if there is an option to pay for the short fall of notice, .

Speak to the a HR team of it doesn't work, send s legal notice assuming got the relieving letter.

 

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

you have to serve notice period as per your appointment letter 

 

2) you can offer to pay salary in lieu of notice period 

 

3) it is at discretion of management to waive the notice period 

Ajay Sethi
Advocate, Mumbai
94655 Answers
7523 Consultations

5.0 on 5.0

Dear Sir,

The company cannot take any action beyond notice period.  You are ready to serve notice period as such if they launch any other legal proceedings against you they cannot be sustain under law.  Nothing to worry.  Just come out the company and send a legal notice to the company to complete exist formalities, failing which threaten them to launch suit for compensation for mental torture and others.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hi,

 What is the notice period mentioned in the appointment or joining letter? If it says 60 days and accepted by you (signed) then you'll have to serve those 60 days notice period. Under such circumstances, you don't have any legal ground to reduce the notice period for whatsoever may be the reason. The notice period is always mentioned in the appointment letter and is binding upon both the parties.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

if management refuses to accept salary in lieu of notice period you have to serve the notice period to get proper relieving order 

Ajay Sethi
Advocate, Mumbai
94655 Answers
7523 Consultations

5.0 on 5.0

Hi

First the T&C of your offer / appointment letter needs to be  perused with regard to notice period from either side.

In case if it is 60 days, you have to serve the entire period.

Offer to buy the balance 45 days in lieu of notice period.

If it is 60 notice period, it is company's discretion to accept / reject your above proposals.

In order to get relieving letter and complete the Exit Formalities, you need to comply with the T&C of your offer.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

See as per agreement you are bound to serve notice period or if company is ready to accept need to pay in lieu of same.

Further company can also seek damages from you unserved notice period.

You can further ask reliving and experience letter and for same can serve a notice to them.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If they accept you pay in lieu of notice then they have to give you proper reliving letter.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can pay the basic salary for period remaining and leave early. If still they don't give you relieving letter then complaint to labour commissioner office

Prashant Nayak
Advocate, Mumbai
31910 Answers
179 Consultations

4.1 on 5.0

You can offer the HR in written or through email, payment in lieu of notice period, employee cannot be forced to work, HR will hold relieving letter which you can get by approaching labor commissioner.

Yogendra Singh Rajawat
Advocate, Jaipur
22622 Answers
31 Consultations

4.4 on 5.0

Yes you are legally entitled to get relieving letter and experience certificate after payment for unserved notice period. 

Issue a notice in this regard.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

You have to honour the terms of contract. If they don't accede to your request better serve the notice period. 

Regards 

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Dear sir, 

The terms of service agreement are binding upon both employer and employee .

It is wisdom of employer to take any action and it may reject your request and also proceed to recover the compensation if it had faced due to your early exit .It all depends upon your goodwill with your employer mainly HR .

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Dear Client,

Your joining letter is the evidence of your job. You don't need any experience letter form the Company. Don't care for that. 

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

you can serve the notice period specified in the employment contract or you can pay your monthly salary for the notice period month(s) as mentioned in your employment contract / letter

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes you can legally claim the relieving letter and experience certificate if there is clause of buying out the notice period. 

You can pay for pending notice period salary to employer for getting relieving letter and experience certificate.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

It is entirely at the discretion of the employer whether to waive the notice period or not, notwithstanding payment of the proportionate salary and allowances for the shortfall in the notice period by the employee. In your own interest, it is better to serve the full notice period and exit gracefully with the relieving letter and the experience certificate. 

Swaminathan Neelakantan
Advocate, Coimbatore
2790 Answers
20 Consultations

4.9 on 5.0

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