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Krishna

Krishna Kumar  |266 Answers  |Ask -

Workplace Expert - Answered on Apr 06, 2024

Krishna Kumar is the founder and CEO of GoMoTech, a company that provides strategic consulting in B2B sales, performance management and digital transformation.
Before branching out on his own, he worked with companies like Microsoft, Rediff, Flipkart and InMobi.
With over 25 years of experience under his belt, KK is a regular speaker at industry events and academic intuitions, both in India as well as abroad.
KK completed his MBA in marketing from the Sri Sathya Sai Institute of Higher Learning in Andhra Pradesh and his management development programme from XLRI, Jamshedpur.
He has also completed his LLB from Nagpur University and diploma in PR from Bhavan’s College of Management, Nagpur, where he was awarded a gold medal.... more
Minas Question by Minas on Mar 20, 2024Hindi
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Sir My notice period is 4 months and the company notice period is 2 months. As per my notice period i cannot leave the organization without serving 4 months even i cannot pay notice pay, on the other hand company can retrench me any time after paying notice is it legally valid

Ans: Hello

When you joined the company I am sure this was dully mentioned in the letter and you also signed that.

Now you can cannot question something that you have already signed.

If you are yet to sign then it's upto you whether you want to join or not.

All the best
Career

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Krishna

Krishna Kumar  |266 Answers  |Ask -

Workplace Expert - Answered on Feb 23, 2024

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Hello Sir, Don't disclose my name, I am working in boarding school from last 2 year's, last year principal changed and he is giving lot of work (harassing staff ) so around 50% of staff left the school. he is not appointing new staff also. hardly 2-3 staff he has appointed. In my department 3 staff ware there now I am alone, he is not appointing any one, so I am alone handling all the classes. he has increased the work also. So I decided to leave the work and I got the work also. I have sent my resignation letter through mail. In my appointment letter they have mentioned “During the probation period your service may be terminated by ONE MONTH NOTICE on “either side or Salary in lieu of notice” and The relieving date in all circumstances will not be earlier than the last day of the academic year unless the school terminates. if you are working on any assignment when you tender your resignation such assignment must be completed to the satisfaction of the school before your services will be released. As allocation of subject teaching is a duty allocated for the academic year the reliving date will not be earlier than the last date of the academic year in which the resignation is tender. The school does not encourage mid term session dis continuation of services. School academic year will ends in April. At the time of appointment they have taken all my original certificates. But when I sent my resignation with one month notice period they replied as per your request, you will be relived after the completion of required formalities and work as per service rules. But, yet they are not mentioning what are the work to complete. After one month notice period immediately I have to join my new job. otherwise i will miss my opportunity. orally simply they are extending my date. At present they have extended 15 days after my last day of my notice period. kindly guide me how to solve the problem, get back my originals and join my new job smoothly. Regards
Ans: Please consult a lawyer

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R P

R P Yadav  |304 Answers  |Ask -

HR, Workspace Expert - Answered on Mar 20, 2024

Asked by Anonymous - Mar 20, 2024Hindi
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Hi sir I could not serve my 3 months notice period however I had served 2 months and asked HR to give me early reliving. I mentioned that my parents are not well and attached medical prescription but they denied and said you to serve complete 3 months. After 2 months I stopped going to office they were sending me absconding mails meanwhile and after 1month they sent me termination letter what shall I do In such case ? I was working there for 2 years.
Ans: I’m sorry to hear about your situation. When facing termination due to not serving the full notice period, it’s important to understand your rights and the potential legal implications. Here’s what you can consider doing:

Review Your Employment Contract: Check the terms regarding the notice period and termination. There might be provisions for situations like medical emergencies.
Legal Consultation: It may be beneficial to consult with a labor law attorney who can provide advice based on the specifics of your case and the applicable laws.
Documentation: Gather all relevant documentation, including the medical prescriptions you submitted, any communication from HR, and the termination letter.
Negotiation: You could attempt to negotiate with your employer, explaining the situation with your parents and seeking a compassionate resolution.
Labor Office: If negotiation fails, you may approach the local labor office or labor court for guidance and to explore options for redressal.
Understand Legal Precedents: Familiarize yourself with any legal precedents that may apply to your case. For instance, the Supreme Court has provided judgments on employment notice periods that might offer insights into your rights and obligations.
Remember, each situation is unique, and the best course of action depends on the specifics of your employment contract and the company’s policies. It’s crucial to handle the matter professionally and legally to ensure the best possible outcome. Good luck!

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R P

R P Yadav  |304 Answers  |Ask -

HR, Workspace Expert - Answered on Mar 20, 2024

Asked by Anonymous - Mar 20, 2024Hindi
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Hi Sir, in my Company the notice period is 3 months and I got an offer from another Company but asking me to join in 1 month. My Company is not accepting waiver for the waiver for the Notice Period. In this scenario, what are the options available to me under the Employment laws.
Ans: Navigating the notice period can be challenging, especially when there’s a new opportunity waiting for you. Under Indian employment laws, here are some options you might consider:

Negotiation: You can try to negotiate with your current employer for an early release. This could involve offering to train a replacement or demonstrating how your early departure won’t negatively impact the team.
Buyout Option: Some companies allow employees to buy out their notice period by paying a sum equivalent to the salary for the remaining notice period.
Mutual Consent: If both parties agree, the notice period can be waived or reduced. It’s worth having a discussion with your employer to see if this is a possibility.
Legal Advice: If negotiations fail, you may want to seek legal advice to understand if there are any specific clauses in your employment contract or company policies that could be leveraged in your favor.
Review Employment Contract: Check your employment contract for any clauses that might allow for a shorter notice period under certain circumstances.
Remember, the approach you take should be in line with the terms of your employment contract and the applicable laws. It’s important to handle the situation professionally to maintain a positive relationship with your current employer while transitioning to the new opportunity. Good luck!

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Chocko

Chocko Valliappa  |215 Answers  |Ask -

Tech Entrepreneur, Educationist - Answered on May 09, 2024

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Sir i am a civil engineer graduate 2023 i did my graduation in civil engineering from a tire 2 -3 college from mumbai university . I didn’t get any job its not like that i am dum student or else i was not good at studies u definitely found partility that in civil they took all diploma + degree holders with less knowledge also in companies such a worley , godrej , technimont etc mnc companies with salary of 6-7 lpa but sir i was scattered because i lost my dad in covid my mom is working but her salary is just 50k and now after trying out for jobs as fresher i found a job in IIT bombay as project technical assistant which gives me 30k but its in ocean department. Now i want to learn further i am seeing people doing masters from priavte university like nicmar adani symbiosis etc in construction or infrastructure management. I am stuck jn life what to do im trying for government but i know government junior engineers job wont pay me much to buy home for my mom . In such case what will be best please help
Ans: I fully empathize with your situation. Do focus on the positive of having completed BTech in Civil Engineering. Civil Engineering is the foundational engineering discipline and lends itself to use of new tools and technologies through use of of software to build structures using design elements that use newer materials to build infrastructure, homes, industrial townships that further sustainability. Use your current Tech Asstt job to learn about Oceanography as an added skills. Look at acquiring project management skills and explore opportunities with optimism and passion.

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