Hi team,
I need your help and suggestion. When i join one infra tech company (employee strength is 50 only) i was very happy and i took the opportunity and was planning to stay for long time, after my joining i got to know that i was 11th HR manager was there, and in that organization HR is not reviewing the employees performance and evaluation, employees are targeting and evaluating HR person and his/her performance, even evaluate by the MD's Secretary and every Hr needs to reports MD's secretary, that is the the 2nd part but i got know that every hr left within 2 days few hr left in a week and few HR left after 1-2 months but still i was working but after that secretary started playing games and started harassing intentionally, so i decided to quit after 17 days and i told her that I’m planning to leave she said ok and i was surprised she sd fill the clearance form and submit to me i did the same thing and she has accepted and signed and accounts head also did the acceptance and sign on my clearance , they didn’t ask me to serve the notice or anything while accepting my clearance form and they ask me to leave on same day EOD,
After 2 days when I called to the secretary for my FNF then the secretary realised and told me to visit the office and discuss with the MD regarding the notice period of 7 days ( this 7 days notice period clause is not mentioned in their any company's document but still people are serving their notice for 7 days and the company was accepting and releasing them with their FNF) when i visited the office as per secretary’s called - secretary says MD was asking without serving notice period how u people leave her, after this discussion I was surprised and told her madam that day only ask u everything but u didn’t tell me to serve any notice period and suddenly after 2 days u r telling me to serve the notice period. After all, I was jobless and in need of money so I tell her ok I’ll come tomorrow and she agreed that and I joined the office the next day to serve the notice, but when the secretary saw me in the office she was surprised and ask me to meet in Conference Room, then secretary told me our MD don’t want u to serve the notice /work here we will deduct 7 days notice salary out of your present days 17=for 10 days will pay you remaining- as an instructed by MD, so I denied to accept the false FNF and now the thing is when I mailed them again n again that I’m ready to serve the notice for 7 days pls do not deduct my salary, they shows me appointment letter that u have to serve for 30 days NP as per Appointment Letter clause, I mailed them I'm ready to serve the notice but they didn’t allow me to serve the notice, even though they didn't pay me anything, I have pic of clearance form which was accepted by the Accounts head and secretary, and now the situation is I was taking follow up since a long time for my salary for 17 days, they sent me one mail of recovery amount of 13 days notice period along with enclosed appointment letter, they played the game and asked for recovery payment of the notice period, I felt that this employer has trapped me to force/harass us employees to leave the job and don’t pay them their entitle dues.
From India, Mumbai
I need your help and suggestion. When i join one infra tech company (employee strength is 50 only) i was very happy and i took the opportunity and was planning to stay for long time, after my joining i got to know that i was 11th HR manager was there, and in that organization HR is not reviewing the employees performance and evaluation, employees are targeting and evaluating HR person and his/her performance, even evaluate by the MD's Secretary and every Hr needs to reports MD's secretary, that is the the 2nd part but i got know that every hr left within 2 days few hr left in a week and few HR left after 1-2 months but still i was working but after that secretary started playing games and started harassing intentionally, so i decided to quit after 17 days and i told her that I’m planning to leave she said ok and i was surprised she sd fill the clearance form and submit to me i did the same thing and she has accepted and signed and accounts head also did the acceptance and sign on my clearance , they didn’t ask me to serve the notice or anything while accepting my clearance form and they ask me to leave on same day EOD,
After 2 days when I called to the secretary for my FNF then the secretary realised and told me to visit the office and discuss with the MD regarding the notice period of 7 days ( this 7 days notice period clause is not mentioned in their any company's document but still people are serving their notice for 7 days and the company was accepting and releasing them with their FNF) when i visited the office as per secretary’s called - secretary says MD was asking without serving notice period how u people leave her, after this discussion I was surprised and told her madam that day only ask u everything but u didn’t tell me to serve any notice period and suddenly after 2 days u r telling me to serve the notice period. After all, I was jobless and in need of money so I tell her ok I’ll come tomorrow and she agreed that and I joined the office the next day to serve the notice, but when the secretary saw me in the office she was surprised and ask me to meet in Conference Room, then secretary told me our MD don’t want u to serve the notice /work here we will deduct 7 days notice salary out of your present days 17=for 10 days will pay you remaining- as an instructed by MD, so I denied to accept the false FNF and now the thing is when I mailed them again n again that I’m ready to serve the notice for 7 days pls do not deduct my salary, they shows me appointment letter that u have to serve for 30 days NP as per Appointment Letter clause, I mailed them I'm ready to serve the notice but they didn’t allow me to serve the notice, even though they didn't pay me anything, I have pic of clearance form which was accepted by the Accounts head and secretary, and now the situation is I was taking follow up since a long time for my salary for 17 days, they sent me one mail of recovery amount of 13 days notice period along with enclosed appointment letter, they played the game and asked for recovery payment of the notice period, I felt that this employer has trapped me to force/harass us employees to leave the job and don’t pay them their entitle dues.
From India, Mumbai
Hi,
Looks like very much unprofessional Organisation.
It is wrong to deduct notice period salary when the employee is willing to serve notice period. But you cannot expect professional ethics from such employer and if you litigate this issue they might go to any extent. As a adage says "Never wrestle with pigs. You both get dirty and the pig likes it". So better try for proper relieving and get rid of as soon as possible.
From India, Madras
942Looks like very much unprofessional Organisation.
It is wrong to deduct notice period salary when the employee is willing to serve notice period. But you cannot expect professional ethics from such employer and if you litigate this issue they might go to any extent. As a adage says "Never wrestle with pigs. You both get dirty and the pig likes it". So better try for proper relieving and get rid of as soon as possible.
From India, Madras
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 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
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 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
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 complaint online on labor portal
last--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.
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 complaint online on labor portal
last--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.
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Employer cannot compel employees to open salary act in its bank - Kerala HC 14.3.2017.pdf
Form for memorandun of sellement of industrial dispute between employer and employees.doc