I was working with one of electronic retail chain.The company is dubai based MNC.
the company has below policy in regards to resignation
Point 8 (f):
• Notwithstanding anything contained here of, this appointment can be terminated by giving three(3) months’ notice in, writing on either side or payment of salary(Basic),in lieu there of
Point 8(g):
• In case of resignation by your accord with a desire to exercise the option of buying contractual notice period, then you will be entitled to buy the notice period of up to a maximum of two months, But you will be liable to serve the remainder of notice period of one month mandatorily to enable the company to find replacement etc
i left company by serving 15 days notice to management which was well communicated to the senior through proper resignation mail.
When i found my full and final settlement letter i found 75 days basic salary considering the point 8f ,which is applicable for termination.
however i have resigned .
nn
there are 3 -4 employee who have left company by serving 7 to 8 days notice to company and in their case company has done the deduction basis on 30 days
when i asked my HR about the disparity than she said that earlier policies were not strict now we are strict on policies.
Please help what to do in this regards.
From India, Lucknow
the company has below policy in regards to resignation
Point 8 (f):
• Notwithstanding anything contained here of, this appointment can be terminated by giving three(3) months’ notice in, writing on either side or payment of salary(Basic),in lieu there of
Point 8(g):
• In case of resignation by your accord with a desire to exercise the option of buying contractual notice period, then you will be entitled to buy the notice period of up to a maximum of two months, But you will be liable to serve the remainder of notice period of one month mandatorily to enable the company to find replacement etc
i left company by serving 15 days notice to management which was well communicated to the senior through proper resignation mail.
When i found my full and final settlement letter i found 75 days basic salary considering the point 8f ,which is applicable for termination.
however i have resigned .
nn
there are 3 -4 employee who have left company by serving 7 to 8 days notice to company and in their case company has done the deduction basis on 30 days
when i asked my HR about the disparity than she said that earlier policies were not strict now we are strict on policies.
Please help what to do in this regards.
From India, Lucknow
I think that the act of the management in deducting basic salary for 75 days of bought-out notice period as per clause 8(g) of the conditions for resignation. Even in that the management accepted your resignation with an effective notice period of 15 days against the stipulated 30 days. Termination of employment requiring notice includes resignation also. You should not fail to remember that your bought out notice period is 75 days. IF you read clauses 8(f) and (g) conjunctively, you would be convinced that the management was lenient towards you too by accepting your resignation with just 15 days notice instead of the mandatory 30 days. No use in citing the similar case of others for every such case would have different considerations from the management's perspective and discretion which can not be questioned.
From India, Salem
6018From India, Salem
Thank Mr umakant sir for your reply.would be great if you can help me further..
1.Can I raise my voice to labour official in regards to management disparity
2.As there are many people who have left job soon after getting their salary by serving a day or 2 notice and no recovery is being made.
3.i am having full and final settlement letterof 4 ememployees where in 30 days calculations was made, will it hold some weightage if I claim the same with labour official
From India, Lucknow
1.Can I raise my voice to labour official in regards to management disparity
2.As there are many people who have left job soon after getting their salary by serving a day or 2 notice and no recovery is being made.
3.i am having full and final settlement letterof 4 ememployees where in 30 days calculations was made, will it hold some weightage if I claim the same with labour official
From India, Lucknow
Hi,
My advice.
Don't react. Let yr employer do anything.
U don't hv to worry.
If yr employer goes to court as well and suppose u r found guilty then also u will be fined very small amount under 10000 rs and this is very rare. Coz no one time for this non sense.
Also u don't need an experience letter with this co now they hv already given u settlement letter.
Exply yr case to yr new employer and they will understand.
I hv delt with many such cases so chill mar yaar.
Br sohail
From India, Mumbai
My advice.
Don't react. Let yr employer do anything.
U don't hv to worry.
If yr employer goes to court as well and suppose u r found guilty then also u will be fined very small amount under 10000 rs and this is very rare. Coz no one time for this non sense.
Also u don't need an experience letter with this co now they hv already given u settlement letter.
Exply yr case to yr new employer and they will understand.
I hv delt with many such cases so chill mar yaar.
Br sohail
From India, Mumbai
Dear Rahul Singh,
All your present questions already stand answered in my previous reply and I request you to go thro it once again. When a rule already accepted prescribes the exercise of certain options in a particular way subject to some alternatives, the party exercising the option in tune with a particular alternative can not make any complaints on the basis of a concession granted to some others in this regard. The action of the management in deducting 75 days basic salary, per se, is strictly in tune with the Notice period condition as per clause 8(g). Then how your complaint can survive the logical and legal scrutiny of the particular condition of service? If you try to rake up the issue based on the allegation of discrimination or preferential treatment, the employer can simply brush it aside as an exercise of discretion on case to case basis. Moreover, your move can change the otherwise magnanimous employer to be a ruthless observer of rules of exit in future out of the frustration caused by you and it can affect the interests of future resignees.
From India, Salem
All your present questions already stand answered in my previous reply and I request you to go thro it once again. When a rule already accepted prescribes the exercise of certain options in a particular way subject to some alternatives, the party exercising the option in tune with a particular alternative can not make any complaints on the basis of a concession granted to some others in this regard. The action of the management in deducting 75 days basic salary, per se, is strictly in tune with the Notice period condition as per clause 8(g). Then how your complaint can survive the logical and legal scrutiny of the particular condition of service? If you try to rake up the issue based on the allegation of discrimination or preferential treatment, the employer can simply brush it aside as an exercise of discretion on case to case basis. Moreover, your move can change the otherwise magnanimous employer to be a ruthless observer of rules of exit in future out of the frustration caused by you and it can affect the interests of future resignees.
From India, Salem
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