Hi,
I had been working in a transcription company for six months in the state of kerala and in my appointment letter is mentioned the clause that i need to serve a 2 month notice period before resignation.
Now due to some personal issues i have resigned from the company giving no notice, but i have sent them a resignation letter. They have not given me my salary for that month, inspite of my working there till the end of the month and later repeated reminders regarding the salary. I am currently not employed anywhere else.
Can I do something regarding this, because i am in need of the money.
From India, Bangalore
I had been working in a transcription company for six months in the state of kerala and in my appointment letter is mentioned the clause that i need to serve a 2 month notice period before resignation.
Now due to some personal issues i have resigned from the company giving no notice, but i have sent them a resignation letter. They have not given me my salary for that month, inspite of my working there till the end of the month and later repeated reminders regarding the salary. I am currently not employed anywhere else.
Can I do something regarding this, because i am in need of the money.
From India, Bangalore
As your appointment letter contain a cl that you have to give two months notice there will be a reciprocal condition of payment of salary in lieu of notice .In that case there is little you can do against the management.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
912Varghese Mathew
9961266966
From India, Thiruvananthapuram
Hi,
I agree that in normal circumstances we follow contract/ appointment terms. However one can challenge the company if company has not accepted and inform you that your salary has been adjusted against notice period.
You can meet any advocate at labour court, he will guide you the actions and remedies to this.
Regards,
Taru
From India, New Delhi
I agree that in normal circumstances we follow contract/ appointment terms. However one can challenge the company if company has not accepted and inform you that your salary has been adjusted against notice period.
You can meet any advocate at labour court, he will guide you the actions and remedies to this.
Regards,
Taru
From India, New Delhi
I second our experts, there was no buy-out to the notice period, neither the company agreed to release you. Hence, the full and final settlement remains their prerogative.
From India, Mumbai
From India, Mumbai
If you had accepted two months notice as the terms of employment & you left the job without any notice, you have defaulted and the company can take a legal view of it. In case any clause in the employment contract or in the HR policies of the company permits employees to make payment in lieu of the notice period, you should avail of that and deposit two months salary to get your full & final settlement done. Also if you have left the company without obtaining clearance from them regarding deposit back of company property, I-Card, refund of loan (if any) etc.., you can be in serious trouble.
Please remember that the company is also entitled to sue an employee for breach of employment contract, as much as an employee can challenge the company in a court of law. If an employee feels that he/ she has the freedom to do anything, one may be sadly mistaken or badly guided.
From India, Delhi
Please remember that the company is also entitled to sue an employee for breach of employment contract, as much as an employee can challenge the company in a court of law. If an employee feels that he/ she has the freedom to do anything, one may be sadly mistaken or badly guided.
From India, Delhi
I agree with Mr.Bhatia fully.
In your instant case, leave alone thinking of taking legal recourse against company, u should approach ur company HR & try to settle the matter amicably. When u r in such dire need of money, there is no point running around lawyers & courts, whn you r equally at fault.
From India, Mumbai
In your instant case, leave alone thinking of taking legal recourse against company, u should approach ur company HR & try to settle the matter amicably. When u r in such dire need of money, there is no point running around lawyers & courts, whn you r equally at fault.
From India, Mumbai
You are at fault. Before even considering leaving the job, you should have gone through the terms and conditions. It is too late to mend the fence with your employer as well, by absenting yourself without proper communication. Why take steps in a hurry and repent at leisure...
Sad situation indeed.
Best wishes
From India
Sad situation indeed.
Best wishes
From India
Hye,
When u know very clearly that u r notice period is two months, why u have not served that NP.
In this case the chances of getting u r salary is very less. Even if u get money from u r organization, u may get the money that is left over after adjusting u r two months NP.
So, my best advise to u is kindy go to u r organization HR discus and settle u r F&F, take u r experience letter and get relived properly. So, that atleast u can show u r experience of this company in future while searching for job.
So, leave about the past and start thinking about the future.
Regards,
NNR
From India, Bangalore
When u know very clearly that u r notice period is two months, why u have not served that NP.
In this case the chances of getting u r salary is very less. Even if u get money from u r organization, u may get the money that is left over after adjusting u r two months NP.
So, my best advise to u is kindy go to u r organization HR discus and settle u r F&F, take u r experience letter and get relived properly. So, that atleast u can show u r experience of this company in future while searching for job.
So, leave about the past and start thinking about the future.
Regards,
NNR
From India, Bangalore
I think we need to be carefully with what we say on such forums. We cannot say what we think bUt what ought to be said when it comes to issues which involve disputes arising out of contracts or statuettes.
In this case I must say Mr.Bhatia and Mr. Rao have been spot on. Technically resignation process comprises of submission of letter of resignation, it's acceptance, compliance with terms applicable to resignation, Clarence process and finally full and final settlement. In your case just because you have sent a letter does not mean you have resigned.......the organisation can actually group you in 'absconders' list.
The organisation is the one which is the aggrieved party here and therefore has the locus standi to act as it may deem fit. Pls do not resort to any misadventure of seeking legal recourse which will be counter productive.
We need to remember that we should never burn our boats or break our bridges. Pls go back to your employer show case your situation and complete the separation process. If your situation is really genuine I think any right minded a employer might even condone certain clauses related to 'notice period' and accord you favourable seperation.
It is necessary that you do this to avoid adverse impact to your career.
From India, Chennai
In this case I must say Mr.Bhatia and Mr. Rao have been spot on. Technically resignation process comprises of submission of letter of resignation, it's acceptance, compliance with terms applicable to resignation, Clarence process and finally full and final settlement. In your case just because you have sent a letter does not mean you have resigned.......the organisation can actually group you in 'absconders' list.
The organisation is the one which is the aggrieved party here and therefore has the locus standi to act as it may deem fit. Pls do not resort to any misadventure of seeking legal recourse which will be counter productive.
We need to remember that we should never burn our boats or break our bridges. Pls go back to your employer show case your situation and complete the separation process. If your situation is really genuine I think any right minded a employer might even condone certain clauses related to 'notice period' and accord you favourable seperation.
It is necessary that you do this to avoid adverse impact to your career.
From India, Chennai
Dear All,
The views expressed in reply, I feel, are more intimidatory than advisory. The notice period given in a contract should be reasonable in law to guard the bilateral interest. The standard notice period is 30 days. In this case 60 days notice period is unreasonable and adverse to the standard industry practice. Employees in the need of livelihood accept the appointment. Courts can look into this aspect and examine the circumstances of an employee accepting/leaving the job. However an employee can bargain at the time of initial appointment. But in this case it appears that employee is short of funds, so he cant go to court.A company can harass the employees in many ways. But this should not be a cause of fear. The employee can make written complaints to the State Labour Commissioner, send a written application to Chief Justice of High Court of his state and a number of other statutory authorities for redressal of his grievance. Decision will depend upon merits of the circums
From India, New Delhi
The views expressed in reply, I feel, are more intimidatory than advisory. The notice period given in a contract should be reasonable in law to guard the bilateral interest. The standard notice period is 30 days. In this case 60 days notice period is unreasonable and adverse to the standard industry practice. Employees in the need of livelihood accept the appointment. Courts can look into this aspect and examine the circumstances of an employee accepting/leaving the job. However an employee can bargain at the time of initial appointment. But in this case it appears that employee is short of funds, so he cant go to court.A company can harass the employees in many ways. But this should not be a cause of fear. The employee can make written complaints to the State Labour Commissioner, send a written application to Chief Justice of High Court of his state and a number of other statutory authorities for redressal of his grievance. Decision will depend upon merits of the circums
From India, New Delhi
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