Hi, Recently I resigned from a company without serving the notice period of 2 months. They have sent me the full and final settlement and asking m3e to pay the amount else they will take legal or criminal action against me.
My concern is this I am not in the situation to pay them back as the amount is huge so I asked them to waive off the amount. They are saying they cannot waive off the entire amount but the interest part can be removed.
Please tell me what should I do now as I am running short of money.
From India
My concern is this I am not in the situation to pay them back as the amount is huge so I asked them to waive off the amount. They are saying they cannot waive off the entire amount but the interest part can be removed.
Please tell me what should I do now as I am running short of money.
From India
As advised by Kurmanaa, consult a lawyer, as you have not given enough information. Alernatively, kindly provide full information about what contract have you signed, how long have you worked, why did you resign without serving the notice period, etc. Some HR experts or a lawyer among the members may give you more advice.
From United Kingdom
1624From United Kingdom
I understand that the company has sent you a statement and not the amount.
There are two possibilities with regard to treatment of notice period or payment in lieu of notice period. The notice period or pay as applicable to an employee who is not coming under the definition of workman and that applicable for workmen. Now, the term workman will cover all employees who are not authorised to act as supervisors or managers either by sanctioning of a leave to a subordinate employee, initiating disciplinary action against a subordinate or conducting appraisal of his subordinates. The salary is not really a matter in this case. Workmen are guided primarily by the provisions of Industrial Disputes Act. The Act says that inorder to retrench a workman notice should be served. But there is nothing in the Act which makes it obligatory on the part of a workman to serve a notice if he wants to resign. Therefore, a workman shall not be asked to pay any notice pay as per statute.
However, if the establishment is covered by Industrial Employment (Standing Orders) Act and has got a standing order certified by the competent authority ( an officer of the Labour department not below the rank of Dy. Labour Commissioner) and the said Standing Orders has specific provisions relating to notice or notice pay, then he is supposed to follow it.
No clause in the appointment order can circumvent the above two Acts and therefore, anything written against the above will not be maintainable. Therefore, from a workman the employer can not recover notice pay by filing a suit against him.
Now, in the case of managerial persons, nothing in the above two Acts will be applicable and therefore, everything relating to payment of salary, resignation, termination etc will be governed only by the contract of employment only. If the contract of employment provides for notice, the employee is expected to serve it or pay in lieu of notice. Still the remedy is not any criminal proceeding against the worker but by filing a civil suit under the relevant provisions of Contract Act. Naturally, it will take its own time to finalise the issue.
I am not sure the company will go for it because breach of contract would have even taken place from the company side also. Generally, the employee who is forced to leave the company would have some valid reasons why he quit without notice. If he has proof to establish that he was promissed a better salary on confirmation or if he was given a promise that he would get some benefits which the company had failed to give later on, or for any other reasons he was mentally harassed and so on, he can easily establish that cheating or breach has taken place from the employer and that lead to his leaving. Therefore, often it is found not to pursue such cases further after sending two or three letters.
In any case, the company has every right to hold your relieving order or service certificate which would be a basic document for those who would like to pursue a career. And those who do not care for these certificates, will always neglect the demands of the employers.
The above points are purely personal and will depend mainly on the relationship you had with the employer and the terms of your contract of employment. Therefore, as advised by senior members, please take an opinion of a good advocate also.
Regards,
Madhu.T.K
From India, Kannur
There are two possibilities with regard to treatment of notice period or payment in lieu of notice period. The notice period or pay as applicable to an employee who is not coming under the definition of workman and that applicable for workmen. Now, the term workman will cover all employees who are not authorised to act as supervisors or managers either by sanctioning of a leave to a subordinate employee, initiating disciplinary action against a subordinate or conducting appraisal of his subordinates. The salary is not really a matter in this case. Workmen are guided primarily by the provisions of Industrial Disputes Act. The Act says that inorder to retrench a workman notice should be served. But there is nothing in the Act which makes it obligatory on the part of a workman to serve a notice if he wants to resign. Therefore, a workman shall not be asked to pay any notice pay as per statute.
However, if the establishment is covered by Industrial Employment (Standing Orders) Act and has got a standing order certified by the competent authority ( an officer of the Labour department not below the rank of Dy. Labour Commissioner) and the said Standing Orders has specific provisions relating to notice or notice pay, then he is supposed to follow it.
No clause in the appointment order can circumvent the above two Acts and therefore, anything written against the above will not be maintainable. Therefore, from a workman the employer can not recover notice pay by filing a suit against him.
Now, in the case of managerial persons, nothing in the above two Acts will be applicable and therefore, everything relating to payment of salary, resignation, termination etc will be governed only by the contract of employment only. If the contract of employment provides for notice, the employee is expected to serve it or pay in lieu of notice. Still the remedy is not any criminal proceeding against the worker but by filing a civil suit under the relevant provisions of Contract Act. Naturally, it will take its own time to finalise the issue.
I am not sure the company will go for it because breach of contract would have even taken place from the company side also. Generally, the employee who is forced to leave the company would have some valid reasons why he quit without notice. If he has proof to establish that he was promissed a better salary on confirmation or if he was given a promise that he would get some benefits which the company had failed to give later on, or for any other reasons he was mentally harassed and so on, he can easily establish that cheating or breach has taken place from the employer and that lead to his leaving. Therefore, often it is found not to pursue such cases further after sending two or three letters.
In any case, the company has every right to hold your relieving order or service certificate which would be a basic document for those who would like to pursue a career. And those who do not care for these certificates, will always neglect the demands of the employers.
The above points are purely personal and will depend mainly on the relationship you had with the employer and the terms of your contract of employment. Therefore, as advised by senior members, please take an opinion of a good advocate also.
Regards,
Madhu.T.K
From India, Kannur
@nashbramhall
sir I worked there for ten months. I resigned because I wanted to start my own business.My concern is will I have to pay the entire amount?
what if I am unable to pay? will I have to pay if I dont want the experience certificate?
From India
sir I worked there for ten months. I resigned because I wanted to start my own business.My concern is will I have to pay the entire amount?
what if I am unable to pay? will I have to pay if I dont want the experience certificate?
From India
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