So I am working for this firm in Mumbai, I recently resigned from my job stating that I am ready to serve the Notice period for 2 months. Where as my CEO came to me the next day and asked me to take my resignation back. I said I want to stick to my decision. He replied if you have already decided to leave then Why do you want to be here for 2 months, talk to the HR and leave as soon as possible. After that I had a discussion with the HR about what CEO said and she mailed me saying that my last working day will be 30th June. whereas according to the contract it should be 15th August. (2 months) the problem is that they are now saying that they wont be paying me any salary in lieu and I should not ask for anything. I have already given a notice to my landlords and I have booked my tickets for 3rd july. Now I can not stay back to serve the complete notice as well. I planned my trip based on their written confirmation of 30th June. What can I do to fix this issue? can i send them a legal notice?
From India, Mumbai
1From India, Mumbai
My humble request is that if you have got any good job just move on forgetting this. Its waste of time and energy looking for legal solutions unless you have a good backup. Just imagine if you are fired one day without notice what will you do. Be ready for anything because "FIRING" virus is spreading in all fields. Most of my friends have experienced such harassments. But i hope these problems arise more in small scale industries than in MNCs. And learn that in most cases deviations from the contract is possible. And atlast i find you give more importance to booked tickets than your career. All the best.
From India, Pune
From India, Pune
When you have resigned, it is the choice of the company to decide whether it wants you to complete your notice period. If they have accepted your resignation with immediate effect, then in most cases they are not liable to pay you notice period beyond your actual working date.
The matter would be different if the company had terminated / retrenched you, in which case they would be liable to pay you for the notice period.
Whether you will succeed or not in a legal case would depend on the facts of the case, your appointment terms and the standing orders if any. Even if you were to win, the amount of time and money you would spend on a case like this would be quiet a few times higher than the 45 days salary you claim is due to you.
From India, Mumbai
The matter would be different if the company had terminated / retrenched you, in which case they would be liable to pay you for the notice period.
Whether you will succeed or not in a legal case would depend on the facts of the case, your appointment terms and the standing orders if any. Even if you were to win, the amount of time and money you would spend on a case like this would be quiet a few times higher than the 45 days salary you claim is due to you.
From India, Mumbai
If the termination clause under the terms & conditions of your employment speaks of "2 months' notice or pay in lieu thereof by either of the parties", then your employer should pay the notice pay for the period of shortfall in case you resigned with a notice of 2 months, but the employer decided to relieve you at an earlier date. If the management is adamant not to pay the notice pay, you are left with limited options.
1) By virtue of your roles & responsibilities, if you fall within the ambit of the Industrial Disputes Act, 1948, or the Shops & Establishment Act, 1953, you have the legal remedy available of making a complaint before the appropriate Labour Deptt. authority of your area and seek his intervention. If the discussion/conciliation is successful, you would get your dues; otherwise matter may be referred for adjudication, if the Govt. finds merit in your complaint...itself a very lengthy process!
2) Otherwise, the only option available with you is to file a Civil Suit against your employer.
Both the above options are time and money consuming and the outcome in your favour is also not guaranteed.
Your stake is not very high.
Hence, it is just waste of time to keep on harping on this issue. Better move on to your next destination!
All the best!
Vijayanta Kumar Sinha
From India, Chaibasa
1) By virtue of your roles & responsibilities, if you fall within the ambit of the Industrial Disputes Act, 1948, or the Shops & Establishment Act, 1953, you have the legal remedy available of making a complaint before the appropriate Labour Deptt. authority of your area and seek his intervention. If the discussion/conciliation is successful, you would get your dues; otherwise matter may be referred for adjudication, if the Govt. finds merit in your complaint...itself a very lengthy process!
2) Otherwise, the only option available with you is to file a Civil Suit against your employer.
Both the above options are time and money consuming and the outcome in your favour is also not guaranteed.
Your stake is not very high.
Hence, it is just waste of time to keep on harping on this issue. Better move on to your next destination!
All the best!
Vijayanta Kumar Sinha
From India, Chaibasa
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