Hi All,
Need some help, after my maternity leave I joined the office on 11th Jan’13. After my joining of office my reporting manager ask me to sit at dispatch department for the job of data entry and maintaining register for incoming and outgoing letters, which was not acceptable as earlier i was working as Personal Secretary and Admin Executive in the same company and I have done my MBA in retail operation and the job is below my expectations & dignity. While conveying my concerns many times to my reporting manager he did not given me the job as per my qualification & experience and asked me to leave, if I am not ok with the job profile assign to me in dispatch.
After having lot of humiliation and mental harassment I decided to quit the job and tendered my resignation to my manager on 17th Jan’2013.
The resignation is accepted by the management with immediate effect as stated in the “letter of acceptance of resignation, without asking me to serve the notice period. However, I have not asked for the immediate relieving.
and now instead of giving me the money for the days i worked before my resignation, i got a letter from my company that i have to pay the amount of Rs. 16,000 as full & final for not completing the notice period.
Company is also threatening me to take legal action against me if i fail to pay the money, should i have to pay the notice period to the company. Kindly suggest.
Regards,
Ruchi
From India, Noida
1Need some help, after my maternity leave I joined the office on 11th Jan’13. After my joining of office my reporting manager ask me to sit at dispatch department for the job of data entry and maintaining register for incoming and outgoing letters, which was not acceptable as earlier i was working as Personal Secretary and Admin Executive in the same company and I have done my MBA in retail operation and the job is below my expectations & dignity. While conveying my concerns many times to my reporting manager he did not given me the job as per my qualification & experience and asked me to leave, if I am not ok with the job profile assign to me in dispatch.
After having lot of humiliation and mental harassment I decided to quit the job and tendered my resignation to my manager on 17th Jan’2013.
The resignation is accepted by the management with immediate effect as stated in the “letter of acceptance of resignation, without asking me to serve the notice period. However, I have not asked for the immediate relieving.
and now instead of giving me the money for the days i worked before my resignation, i got a letter from my company that i have to pay the amount of Rs. 16,000 as full & final for not completing the notice period.
Company is also threatening me to take legal action against me if i fail to pay the money, should i have to pay the notice period to the company. Kindly suggest.
Regards,
Ruchi
From India, Noida
Dear Ruchi,
As I have understood from your said case, many unprofessional companies do this..But in your case company put you in another department after you rsume your duty. It may be due to excigency of work, company might have taken this decision.
You also said that you did not liked the profile company offered you later.If company has done this without filling the Secretarial job vacancy, then it is wrong on the part of management.
How ever many times, if the comapnies do this or ask the employee to leave they must pay the notice period as per the terms of appointment insted of asking employee to pay the same.
Now you may tell the management that you will serve the notice period.....Moreover you will find enough time to locate a good job as per your qualification and interest.
With Best Wishes
From India, New Delhi
As I have understood from your said case, many unprofessional companies do this..But in your case company put you in another department after you rsume your duty. It may be due to excigency of work, company might have taken this decision.
You also said that you did not liked the profile company offered you later.If company has done this without filling the Secretarial job vacancy, then it is wrong on the part of management.
How ever many times, if the comapnies do this or ask the employee to leave they must pay the notice period as per the terms of appointment insted of asking employee to pay the same.
Now you may tell the management that you will serve the notice period.....Moreover you will find enough time to locate a good job as per your qualification and interest.
With Best Wishes
From India, New Delhi
If the case of Notice period being in HR i can say there are two options
1. You serve your whole notice period and get your salary
or
2. If company is pushing you and you are ready to serve the notice period and as per your appointment letter it is mention that any party can leave the job by giving two months notice then they have to pay you your notice period wether they want or not.
From India, New Delhi
1. You serve your whole notice period and get your salary
or
2. If company is pushing you and you are ready to serve the notice period and as per your appointment letter it is mention that any party can leave the job by giving two months notice then they have to pay you your notice period wether they want or not.
From India, New Delhi
Hi,
In your resignation have you mentioned that you are willing to serve notice? Secondly, do you have in writing that you are relieved immediately without serving the notice. If yes, then you can always use it as proof to clarify and justify your side. You can go to labour court for mental harassment (if you are strong enough to do so, sometimes people find it waste of time).
Try and first sort through negotiation.
From India, Mumbai
In your resignation have you mentioned that you are willing to serve notice? Secondly, do you have in writing that you are relieved immediately without serving the notice. If yes, then you can always use it as proof to clarify and justify your side. You can go to labour court for mental harassment (if you are strong enough to do so, sometimes people find it waste of time).
Try and first sort through negotiation.
From India, Mumbai
Where the company has accepted the resignation with immediate effect, they can not ask you for payment of notice period, except if you had tasted in your letter that you will not serve notice.
Whether you can eat notice pay is debatable, but you will surely be entitled to payment for the period worked. Mental harassment, I can't say whether its worth following up on. I would suggest you search for a job and enjoy some free time with your baby in e meanwhile.
Yes, do send a reply toothed company refuting the claim for notice pay and ask them to pay your remaining salary within 7 days
From India, Mumbai
Whether you can eat notice pay is debatable, but you will surely be entitled to payment for the period worked. Mental harassment, I can't say whether its worth following up on. I would suggest you search for a job and enjoy some free time with your baby in e meanwhile.
Yes, do send a reply toothed company refuting the claim for notice pay and ask them to pay your remaining salary within 7 days
From India, Mumbai
Hi, Thanks a lot for the valuable suggestions:
@ Jhuma: I havn't mentioned in my notice period any desired date of relieving, however i asked them to relieve me at the earliest. Yes, i have the letter from the company on behalf of the management that they accepted my resignation with immediate effect.
@ Saswat: Yes company has accepted my resignation on writing with immidiate effect without asking me to serve the notice period. I already sent a letter back to the company for the period i worked, just waiting for the reply from their side
From India, Delhi
@ Jhuma: I havn't mentioned in my notice period any desired date of relieving, however i asked them to relieve me at the earliest. Yes, i have the letter from the company on behalf of the management that they accepted my resignation with immediate effect.
@ Saswat: Yes company has accepted my resignation on writing with immidiate effect without asking me to serve the notice period. I already sent a letter back to the company for the period i worked, just waiting for the reply from their side
From India, Delhi
Dear Ruchi,
The HR team needs you to buy-out the notice period. This happens when employee wants to leave before the calculated last working day, as per the notice period.
Did the letter of acceptance of your resignation, mention any last working day for you? If it was already mentioned, you have little to try other than, requesting them to waive this buy-out.
You need to get a clear exit and settle your accounts before your last working day. Request them for the waiver on humanitarian grounds. Please look for the exit policy in your employee manual. It will mention the process you may need to follow. Once you have a clearer view to what have been already declared, chart out your own exit.
Serve till you can, offer complete Knowledge transfer. Document the KT end-to-end . Ensure all your signs offs, such as returning an company property, Laptop, mobile phone and etc. Fill the PF withdrawal form, maintain your own copy of all these documents.
Wish you all the best!
From India, Mumbai
The HR team needs you to buy-out the notice period. This happens when employee wants to leave before the calculated last working day, as per the notice period.
Did the letter of acceptance of your resignation, mention any last working day for you? If it was already mentioned, you have little to try other than, requesting them to waive this buy-out.
You need to get a clear exit and settle your accounts before your last working day. Request them for the waiver on humanitarian grounds. Please look for the exit policy in your employee manual. It will mention the process you may need to follow. Once you have a clearer view to what have been already declared, chart out your own exit.
Serve till you can, offer complete Knowledge transfer. Document the KT end-to-end . Ensure all your signs offs, such as returning an company property, Laptop, mobile phone and etc. Fill the PF withdrawal form, maintain your own copy of all these documents.
Wish you all the best!
From India, Mumbai
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