Dear All,
I have a friend who used to work as an HR manager for a small pharmaceutical company. His salary was high, and the company asked him to resign immediately, promising to pay his notice period salary verbally. He worked there for four months, and now the company is refusing to pay his notice period salary, citing that they incurred losses because of him.
It has been over two months since he resigned, and the company still hasn't paid him his notice period salary. Can you all please suggest what can be done to resolve this situation?
Thank you.
From India, Mumbai
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1I have a friend who used to work as an HR manager for a small pharmaceutical company. His salary was high, and the company asked him to resign immediately, promising to pay his notice period salary verbally. He worked there for four months, and now the company is refusing to pay his notice period salary, citing that they incurred losses because of him.
It has been over two months since he resigned, and the company still hasn't paid him his notice period salary. Can you all please suggest what can be done to resolve this situation?
Thank you.
From India, Mumbai
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Dear Miharvsh,
Without any proof, only with the verbal instructions your friend received from the management, he cannot challenge the company. As an HR professional, he must be aware of the necessity of documentary evidence by the court of law.
Has your friend received the relieving letter/experience certificate from his company? If not, please instruct him to write a letter to his previous company stating that he may be issued the experience letter for the period he served in that organization. In the second paragraph, he can mention the notice period pay as assured by the management while insisting on resignation. Hand over the letter to the HR department, take acknowledgment, and start creating the document for the future to claim the notice pay.
Thank you.
From India, Kumbakonam
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Without any proof, only with the verbal instructions your friend received from the management, he cannot challenge the company. As an HR professional, he must be aware of the necessity of documentary evidence by the court of law.
Has your friend received the relieving letter/experience certificate from his company? If not, please instruct him to write a letter to his previous company stating that he may be issued the experience letter for the period he served in that organization. In the second paragraph, he can mention the notice period pay as assured by the management while insisting on resignation. Hand over the letter to the HR department, take acknowledgment, and start creating the document for the future to claim the notice pay.
Thank you.
From India, Kumbakonam
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Dear Mihirvsh,
Have you found out whether your friend has submitted his resignation letter and if it has been accepted? This inquiry is to confirm that he has formally resigned. In the scenario where the employee has adhered to the terms of his appointment, but the management decides to terminate the employee abruptly by pressuring them to resign, the employer is still obligated to the agreed payment terms, even if verbally compromising on the salary for the notice period.
Simply put, if your friend leaves without resigning and serving the notice period, he will not receive payment. However, in this case, if the management insists on immediate departure, they will be required to compensate the employee.
Advise your friend to draft a letter (sent by registered post with acknowledgment) outlining the notice period clause and email it to the top management, specifying the resignation and verbal payment approval dates. This email should also be copied to the administration and management. Wait for a response for a few days. If there is no reply after the initial email, send a follow-up stating the intention to involve a conciliation officer. These actions should strengthen your legal position, and the management should release the salary promptly.
Kind regards, [Your Name]
From India, Visakhapatnam
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Have you found out whether your friend has submitted his resignation letter and if it has been accepted? This inquiry is to confirm that he has formally resigned. In the scenario where the employee has adhered to the terms of his appointment, but the management decides to terminate the employee abruptly by pressuring them to resign, the employer is still obligated to the agreed payment terms, even if verbally compromising on the salary for the notice period.
Simply put, if your friend leaves without resigning and serving the notice period, he will not receive payment. However, in this case, if the management insists on immediate departure, they will be required to compensate the employee.
Advise your friend to draft a letter (sent by registered post with acknowledgment) outlining the notice period clause and email it to the top management, specifying the resignation and verbal payment approval dates. This email should also be copied to the administration and management. Wait for a response for a few days. If there is no reply after the initial email, send a follow-up stating the intention to involve a conciliation officer. These actions should strengthen your legal position, and the management should release the salary promptly.
Kind regards, [Your Name]
From India, Visakhapatnam
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Hello mihirvsh,
You have mentioned 'resign on an immediate basis' AND 'the reason is that because of my friend, they have incurred a loss.'
Could you please elaborate on these aspects - the reasons given to your friend by the company AND your friend's point of view?
Please note that UNLESS you provide all angles of the situation, any advice or suggestions that the members can offer you would only be halfway, depending on how a member views the situation - which COULD be FAR AWAY from reality.
S. Bhaskar is right when he says - HR ought to be aware of the necessity of the documentary evidence by the court of law - while Sharmila Das's suggestions seem to be, I think, based on the judgment that there are no missing links to the situation 'as you mentioned'.
However, there do seem to be some missing links - as I mentioned above.
The second allegation you mentioned ['that because of my friend, they have incurred a loss'] is definitely more serious for an HR person - usually such allegations are put on those functions that deal with finances or sales. 'True' or 'False' isn't the question in such situations.
There does seem to be more than meets the eye.
Regards,
TS
From India, Hyderabad
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You have mentioned 'resign on an immediate basis' AND 'the reason is that because of my friend, they have incurred a loss.'
Could you please elaborate on these aspects - the reasons given to your friend by the company AND your friend's point of view?
Please note that UNLESS you provide all angles of the situation, any advice or suggestions that the members can offer you would only be halfway, depending on how a member views the situation - which COULD be FAR AWAY from reality.
S. Bhaskar is right when he says - HR ought to be aware of the necessity of the documentary evidence by the court of law - while Sharmila Das's suggestions seem to be, I think, based on the judgment that there are no missing links to the situation 'as you mentioned'.
However, there do seem to be some missing links - as I mentioned above.
The second allegation you mentioned ['that because of my friend, they have incurred a loss'] is definitely more serious for an HR person - usually such allegations are put on those functions that deal with finances or sales. 'True' or 'False' isn't the question in such situations.
There does seem to be more than meets the eye.
Regards,
TS
From India, Hyderabad
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Dear Mr. Mihirvsh,
As suggested by our eligible citeHR member, why wouldn't you elaborate on the situation to see if we could be of aid to your friend's situation? Remember, the best of your explanation could bestow you with correct suggestions as well.
From India, Visakhapatnam
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As suggested by our eligible citeHR member, why wouldn't you elaborate on the situation to see if we could be of aid to your friend's situation? Remember, the best of your explanation could bestow you with correct suggestions as well.
From India, Visakhapatnam
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Dear All,
My friend has sent several emails and called many times claiming the notice period salary as promised at the time of resignation. Also, the issue is that they are not able to explain, and management has mentioned that my friend's salary is high, and they cannot afford it.
Management informed my friend that the Full and Final settlement will be cleared at the company's convenience, and they have not provided any deadline for when they will clear their dues.
Thank you.
From India, Mumbai
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My friend has sent several emails and called many times claiming the notice period salary as promised at the time of resignation. Also, the issue is that they are not able to explain, and management has mentioned that my friend's salary is high, and they cannot afford it.
Management informed my friend that the Full and Final settlement will be cleared at the company's convenience, and they have not provided any deadline for when they will clear their dues.
Thank you.
From India, Mumbai
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