After serving more than 5 years in an MNC, I resigned on 7th January 2014 by giving a 3-month notice period, mentioning my last day would be 6th April 2014. Accordingly, I have been continuing with the service. However, on 22nd Feb 2014, my manager verbally communicated that the Company does not require my service anymore from the very next working date, and I cannot go to the office. I communicated to the HR department that my last working day would be 22nd Feb 2014.
After inquiring about the basis of my F&F settlement, I was informed by the HR department that salary and other benefits would be calculated up to 22nd Feb and not 6th April, as my manager communicated the last working day as 22nd Feb.
The Termination clause in my appointment letter exactly states: "After Confirmation, either party shall have the right to terminate this agreement by giving the other 3 months' notice in writing to that effect or by paying notice pay in lieu thereof without assigning any reason whatsoever."
First of all, I never communicated that I would not work after 22nd Feb; rather, the company stated they do not require my service after 22nd Feb. I clearly mentioned in my resignation letter that my last day would be 6th April 2014 by providing a 3-month notice period.
Can anyone suggest whether I should receive the Salary and other benefits up to 22nd Feb 2014, and why shouldn't I receive it up to 6th April 2014? Is there any scope for legal action to be taken?
From India, Ranchi
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After inquiring about the basis of my F&F settlement, I was informed by the HR department that salary and other benefits would be calculated up to 22nd Feb and not 6th April, as my manager communicated the last working day as 22nd Feb.
The Termination clause in my appointment letter exactly states: "After Confirmation, either party shall have the right to terminate this agreement by giving the other 3 months' notice in writing to that effect or by paying notice pay in lieu thereof without assigning any reason whatsoever."
First of all, I never communicated that I would not work after 22nd Feb; rather, the company stated they do not require my service after 22nd Feb. I clearly mentioned in my resignation letter that my last day would be 6th April 2014 by providing a 3-month notice period.
Can anyone suggest whether I should receive the Salary and other benefits up to 22nd Feb 2014, and why shouldn't I receive it up to 6th April 2014? Is there any scope for legal action to be taken?
From India, Ranchi
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I can understand your situation, but tell me, if you have a job offer, why fight with them? You worked for so long in an organization; now, leave on a good note. Secondly, you can join the new organization early. If you are thinking in terms of monetary gain, you can ask the firm you are going to join to give you a joining bonus if they need you to join early. Otherwise, join them after the 6th of April, as per your communication.
If the firm agrees to the terms, you will receive a joining bonus plus the salary as per the new offer letter. If you remained in the old organization until the 6th of April, you will receive a lower salary from February 22nd until the 6th of April. I hope you will find this calculation satisfactory.
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From India, Mumbai
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87If the firm agrees to the terms, you will receive a joining bonus plus the salary as per the new offer letter. If you remained in the old organization until the 6th of April, you will receive a lower salary from February 22nd until the 6th of April. I hope you will find this calculation satisfactory.
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From India, Mumbai
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Employer Not Following the Notice Period Norms
Dear Seniors,
Please help me; it is very urgent. I am Ram from Madurai. My company's headquarters are in Bangalore, and my work locations are in Chennai and Madurai. It is an eLearning company, and we work in some schools. I joined this company 6 months ago.
The company wants to terminate my services. I accepted their decision on the same day (4-Jan-14) and handed over the office laptop and other accessories. However, they are not following the notice period norms of 45 days on either side. They only paid 15 days' salary in the month of January after a long request. Additionally, they have been deducting the gratuity amount since my date of joining.
Is it possible to withdraw my gratuity and PF amount?
I resigned from the company at the request of my reporting head. Could you please advise me on where I can register a complaint against my employer?
My Contact No is 9629112973. Email: mani.math84@gmail.com.
From India, Bangalore
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Dear Seniors,
Please help me; it is very urgent. I am Ram from Madurai. My company's headquarters are in Bangalore, and my work locations are in Chennai and Madurai. It is an eLearning company, and we work in some schools. I joined this company 6 months ago.
The company wants to terminate my services. I accepted their decision on the same day (4-Jan-14) and handed over the office laptop and other accessories. However, they are not following the notice period norms of 45 days on either side. They only paid 15 days' salary in the month of January after a long request. Additionally, they have been deducting the gratuity amount since my date of joining.
Is it possible to withdraw my gratuity and PF amount?
I resigned from the company at the request of my reporting head. Could you please advise me on where I can register a complaint against my employer?
My Contact No is 9629112973. Email: mani.math84@gmail.com.
From India, Bangalore
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Hi,
The company is liable to pay you until April 6th, as agreed earlier. Please send an email to HR, your Line Manager, CEO, VP, and a registered post letter with an acknowledgment card. In the communication, state that your relieving date has been preponed without your consent, even after mentioning April 6th as the agreed date. Also, mention that you were verbally asked to leave by your Line Manager. Clarify that you have followed the resignation clause and did not express any intention to leave before the notice period. Request them to respond within 5 working days; failure to do so will result in both criminal and civil proceedings. If the company does not respond, a legal notice will be sent on your behalf. Additionally, consider lodging a criminal complaint with the police and a labor complaint with the Deputy Commissionerate of Labor. You may also initiate civil proceedings seeking a minimum of 10 times compensation. Remember, you are not at fault.
Thank you.
From India, Chennai
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The company is liable to pay you until April 6th, as agreed earlier. Please send an email to HR, your Line Manager, CEO, VP, and a registered post letter with an acknowledgment card. In the communication, state that your relieving date has been preponed without your consent, even after mentioning April 6th as the agreed date. Also, mention that you were verbally asked to leave by your Line Manager. Clarify that you have followed the resignation clause and did not express any intention to leave before the notice period. Request them to respond within 5 working days; failure to do so will result in both criminal and civil proceedings. If the company does not respond, a legal notice will be sent on your behalf. Additionally, consider lodging a criminal complaint with the police and a labor complaint with the Deputy Commissionerate of Labor. You may also initiate civil proceedings seeking a minimum of 10 times compensation. Remember, you are not at fault.
Thank you.
From India, Chennai
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Dear friends seeking clarifications,
It is quite disturbing to note that most of you fail to furnish the essential details in your queries. Whatever the reason for the cause of action, if you do not mention the status of your employment, i.e., whether you are a workman or a managerial incumbent, it will not be possible to suggest a suitable remedy.
From India, Salem
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It is quite disturbing to note that most of you fail to furnish the essential details in your queries. Whatever the reason for the cause of action, if you do not mention the status of your employment, i.e., whether you are a workman or a managerial incumbent, it will not be possible to suggest a suitable remedy.
From India, Salem
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As far as I know, a company can ask you to leave early, so you will receive your Full and Final settlement (FNF) based on the days you worked, not the days you mentioned. You have worked there for such a long tenure. Do you really want to burn your bridges?
My friend, please keep one thing in mind - we are employees. Your new company may conduct an employment verification.
I am not trying to threaten you, but again I would say only one thing: don't burn your bridges. You never know when you may need them again in your life.
All the best for your new job!
From India, Pune
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My friend, please keep one thing in mind - we are employees. Your new company may conduct an employment verification.
I am not trying to threaten you, but again I would say only one thing: don't burn your bridges. You never know when you may need them again in your life.
All the best for your new job!
From India, Pune
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Hello,
Don't go for any legal action as it will only waste your positive energies, time, money, and peace of mind. Focus only on the upcoming opportunity. These days, everyone wants to get notice period reduced to the maximum possible. When yours is getting reduced automatically, it's good for you. Don't spoil your relations with your last employer; instead, you can utilize this time until 6 April with your family.
Stay positive, stay happy, else your performance in the new organization will be affected by your negative thoughts and anger.
From India, Gurgaon
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Don't go for any legal action as it will only waste your positive energies, time, money, and peace of mind. Focus only on the upcoming opportunity. These days, everyone wants to get notice period reduced to the maximum possible. When yours is getting reduced automatically, it's good for you. Don't spoil your relations with your last employer; instead, you can utilize this time until 6 April with your family.
Stay positive, stay happy, else your performance in the new organization will be affected by your negative thoughts and anger.
From India, Gurgaon
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Withdrawl of Resignation and Notice period.doc
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