Hi team,
I need your help and suggestions. When I joined an infra tech company (employee strength is only 50), I was very happy and planned to stay for a long time. After joining, I found out that there had been 11 HR managers before me, and in that organization, the HR department was not reviewing employees' performance and evaluations. Instead, employees were targeting and evaluating HR personnel, even being evaluated by the MD's Secretary. Every HR had to report to the MD's Secretary. Many HR professionals left within 2 days, some within a week, and a few more after 1-2 months. Despite this, I continued working. However, the secretary began playing games and intentionally harassing me, prompting my decision to quit after 17 days. I informed her of my intention to leave, and she accepted my clearance form without asking me to serve a notice period. I was asked to leave on the same day at the end of the day.
Two days later, when I contacted the secretary for my Full and Final settlement, she asked me to visit the office to discuss the notice period of 7 days which was not mentioned in any company document. Although not specified in their policies, people typically served a 7-day notice period, and the company would release them with their Full and Final settlement. During the visit, the secretary mentioned that the MD was questioning why employees were leaving without serving the notice period. I expressed my surprise as I had not been informed to serve any notice period earlier. Despite being jobless and in need of money, I agreed to return the next day to serve the notice. However, upon my return, the secretary instructed me that the MD did not want me to serve the notice period and that they would deduct 7 days' salary from my present 17 days.
I refused to accept the modified Full and Final settlement and expressed my willingness to serve the notice period. They referred to the appointment letter stating a 30-day notice period, although they did not allow me to serve it. Despite not receiving any payment, I have evidence in the form of a clearance form signed by the Accounts head and the secretary. I have been following up for my salary for the 17 days worked. They later sent me a mail demanding repayment for 13 days of the notice period, attaching the appointment letter. It seems like the employer is coercing and harassing employees to leave without paying their entitled dues.
From India, Mumbai
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I need your help and suggestions. When I joined an infra tech company (employee strength is only 50), I was very happy and planned to stay for a long time. After joining, I found out that there had been 11 HR managers before me, and in that organization, the HR department was not reviewing employees' performance and evaluations. Instead, employees were targeting and evaluating HR personnel, even being evaluated by the MD's Secretary. Every HR had to report to the MD's Secretary. Many HR professionals left within 2 days, some within a week, and a few more after 1-2 months. Despite this, I continued working. However, the secretary began playing games and intentionally harassing me, prompting my decision to quit after 17 days. I informed her of my intention to leave, and she accepted my clearance form without asking me to serve a notice period. I was asked to leave on the same day at the end of the day.
Two days later, when I contacted the secretary for my Full and Final settlement, she asked me to visit the office to discuss the notice period of 7 days which was not mentioned in any company document. Although not specified in their policies, people typically served a 7-day notice period, and the company would release them with their Full and Final settlement. During the visit, the secretary mentioned that the MD was questioning why employees were leaving without serving the notice period. I expressed my surprise as I had not been informed to serve any notice period earlier. Despite being jobless and in need of money, I agreed to return the next day to serve the notice. However, upon my return, the secretary instructed me that the MD did not want me to serve the notice period and that they would deduct 7 days' salary from my present 17 days.
I refused to accept the modified Full and Final settlement and expressed my willingness to serve the notice period. They referred to the appointment letter stating a 30-day notice period, although they did not allow me to serve it. Despite not receiving any payment, I have evidence in the form of a clearance form signed by the Accounts head and the secretary. I have been following up for my salary for the 17 days worked. They later sent me a mail demanding repayment for 13 days of the notice period, attaching the appointment letter. It seems like the employer is coercing and harassing employees to leave without paying their entitled dues.
From India, Mumbai
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Hi,
It looks like a very unprofessional organization.
It is wrong to deduct the notice period salary when the employee is willing to serve the notice period. However, you cannot expect professional ethics from such an employer, and if you litigate this issue, they might go to any extent. As the adage says, "Never wrestle with pigs. You both get dirty, and the pig likes it." So, it's better to try for proper relieving and get rid of the situation as soon as possible.
From India, Madras
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1015It looks like a very unprofessional organization.
It is wrong to deduct the notice period salary when the employee is willing to serve the notice period. However, you cannot expect professional ethics from such an employer, and if you litigate this issue, they might go to any extent. As the adage says, "Never wrestle with pigs. You both get dirty, and the pig likes it." So, it's better to try for proper relieving and get rid of the situation as soon as possible.
From India, Madras
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Hi,
After reading the whole scenario, it would be prudent not to drag the situation for long. I would suggest you write a polite email to the MD & all the signatories (as per your Clearance form) showing the clearance status, your willingness to serve notice, and requesting FnF settlement. Keep this documentation to be safe in the future.
From India, New Delhi
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After reading the whole scenario, it would be prudent not to drag the situation for long. I would suggest you write a polite email to the MD & all the signatories (as per your Clearance form) showing the clearance status, your willingness to serve notice, and requesting FnF settlement. Keep this documentation to be safe in the future.
From India, New Delhi
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It seems like you've been caught in a confusing and potentially unfair situation regarding your notice period, salary, and clearance process. Dealing with such matters can be stressful, but there are steps you can take to address the issue:
Document Everything: It's great that you have a copy of the clearance form and any other relevant communication. These documents will serve as evidence of your interactions and agreements with your employer.
Consult an Employment Lawyer: Given the complexity of your situation and the potential legal implications, it's advisable to consult with an employment lawyer. They can review your case, help you understand your rights, and guide you on the best course of action.
Understand the Notice Period Clause: Review your appointment letter carefully to understand the notice period clause mentioned in it. If it states a notice period of 30 days, that's the clause your employer might rely on. However, given that your clearance form was accepted without requiring notice, there could be grounds for discussion.
Send a Formal Communication: Write a formal email to your employer explaining your situation, emphasizing the accepted clearance form, and requesting clarity on their decision to deduct the salary for notice period and not allow you to serve it. Keep a record of all communication.
Engage in Negotiation: If your employer responds, engage in a constructive dialogue. Express your willingness to serve the notice period but highlight your understanding that you were initially allowed to leave without notice. Try to reach a reasonable resolution.
Lodge a Complaint: If your employer does not respond positively and you believe your rights are being violated, you may consider lodging a formal complaint with appropriate labor authorities or the concerned government department overseeing labor and employment issues in your region. You can lodge a complaint online on the labor portal.
File a Legal Case: If all else fails and you believe you've been unfairly treated, you may consider pursuing legal action against your employer. Your employment lawyer will be able to advise you on the strength of your case and the appropriate steps to take.
Remember, employment laws vary from jurisdiction to jurisdiction, so it's important to consult with a lawyer who is familiar with labor laws in your specific region. The key is to act calmly, professionally, and with a focus on resolving the matter in a fair and just manner.
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Document Everything: It's great that you have a copy of the clearance form and any other relevant communication. These documents will serve as evidence of your interactions and agreements with your employer.
Consult an Employment Lawyer: Given the complexity of your situation and the potential legal implications, it's advisable to consult with an employment lawyer. They can review your case, help you understand your rights, and guide you on the best course of action.
Understand the Notice Period Clause: Review your appointment letter carefully to understand the notice period clause mentioned in it. If it states a notice period of 30 days, that's the clause your employer might rely on. However, given that your clearance form was accepted without requiring notice, there could be grounds for discussion.
Send a Formal Communication: Write a formal email to your employer explaining your situation, emphasizing the accepted clearance form, and requesting clarity on their decision to deduct the salary for notice period and not allow you to serve it. Keep a record of all communication.
Engage in Negotiation: If your employer responds, engage in a constructive dialogue. Express your willingness to serve the notice period but highlight your understanding that you were initially allowed to leave without notice. Try to reach a reasonable resolution.
Lodge a Complaint: If your employer does not respond positively and you believe your rights are being violated, you may consider lodging a formal complaint with appropriate labor authorities or the concerned government department overseeing labor and employment issues in your region. You can lodge a complaint online on the labor portal.
File a Legal Case: If all else fails and you believe you've been unfairly treated, you may consider pursuing legal action against your employer. Your employment lawyer will be able to advise you on the strength of your case and the appropriate steps to take.
Remember, employment laws vary from jurisdiction to jurisdiction, so it's important to consult with a lawyer who is familiar with labor laws in your specific region. The key is to act calmly, professionally, and with a focus on resolving the matter in a fair and just manner.
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As I am undergraduate with 14 years of end to end HR experience currently working as manager role Which affordable course I can do add-on for grow up my career
From India, Mumbai
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From India, Mumbai
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Send a formal register post communication: Write a formal register letter (which will have more impact than an email) to your employer explaining your situation. Request them to accept the clearance form and seek clarity on their decision to deduct the salary for the notice period and not allow you to serve it. Keep all records and communication files in chronological order.
As per the state judiciary, no one has the right to withhold salary. In your case, I am not certain about your agreement (appointment order).
It's crucial to consult with a lawyer who is well-versed in labor laws in your specific region. The key is to act calmly and professionally, refrain from losing your temper, and focus on resolving the matter fairly and justly, aiming for a win-win situation for all parties involved.
Feel free to message me back if you need any help on this.
From India, Tirunelveli
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As per the state judiciary, no one has the right to withhold salary. In your case, I am not certain about your agreement (appointment order).
It's crucial to consult with a lawyer who is well-versed in labor laws in your specific region. The key is to act calmly and professionally, refrain from losing your temper, and focus on resolving the matter fairly and justly, aiming for a win-win situation for all parties involved.
Feel free to message me back if you need any help on this.
From India, Tirunelveli
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Notice of Employee Change.doc
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(Fact Checked)-The user reply provides accurate and detailed guidance on how to handle the situation effectively, including documenting interactions, consulting an employment lawyer, understanding the notice period clause, sending formal communication, engaging in negotiation, lodging a complaint, and filing a legal case if necessary. (1 Acknowledge point)