Sir/madam, I had taken maternity leave and joined work...after working for two months as there was no one to look after my baby I resigned... my manager said you need to serve only one month notification but as targets were not achieved even if I have worked many days they considered only 15 days. After that they said will be sending relieving letter after three months as you have Not completed notification.
But my manager now says he was unaware that I had taken maternity benefit and had to serve six months...and HR and manager are forcing me telling that my fifteen days pay, Pl leave money all are lapsed and again I have to pay nine thousand to get my relieving letter. Am so broken as it's a game played..I was not told anything until I left coMpany.What can I do about this...please legally advise
From India, Bengaluru
But my manager now says he was unaware that I had taken maternity benefit and had to serve six months...and HR and manager are forcing me telling that my fifteen days pay, Pl leave money all are lapsed and again I have to pay nine thousand to get my relieving letter. Am so broken as it's a game played..I was not told anything until I left coMpany.What can I do about this...please legally advise
From India, Bengaluru
Dear member,
Clause of notice period is always mentioned in the letter of appointment. You should have served the notice period as per the terms of appointment letter. What your manager says or HR says carries no meaning. Before submission of the letter of resignation, you could have spoken with HR or any other higher authority for the waiver of the notice period. Now the situation is that you do not have any written reply at hand.
When employee submits the resignation, in many companies, a reply is given with the heading "Acceptance of Resignation". In this letter, resigning employee is reminded about the clause of the notice period, and process of handing/taking over the charge of the duties. Did HR issue this letter?
One of the solutions is to go back and complete the notice period as per the terms of appointment letter. It could impose hardship to you, nevertheless, getting unblemished relieving letter is important and for this, you need to ensure that your exit from the company is smooth one.
You have asked for the legal remedy. However, by not serving the proper notice period, you have put yourself on the mat. Under these circumstances, taking a route of litigation is not advisable.
Thanks,
Dinesh Divekar
From India, Bangalore
7884Clause of notice period is always mentioned in the letter of appointment. You should have served the notice period as per the terms of appointment letter. What your manager says or HR says carries no meaning. Before submission of the letter of resignation, you could have spoken with HR or any other higher authority for the waiver of the notice period. Now the situation is that you do not have any written reply at hand.
When employee submits the resignation, in many companies, a reply is given with the heading "Acceptance of Resignation". In this letter, resigning employee is reminded about the clause of the notice period, and process of handing/taking over the charge of the duties. Did HR issue this letter?
One of the solutions is to go back and complete the notice period as per the terms of appointment letter. It could impose hardship to you, nevertheless, getting unblemished relieving letter is important and for this, you need to ensure that your exit from the company is smooth one.
You have asked for the legal remedy. However, by not serving the proper notice period, you have put yourself on the mat. Under these circumstances, taking a route of litigation is not advisable.
Thanks,
Dinesh Divekar
From India, Bangalore
Hello sir @ Dinesh Divekar,
I was issued acceptance of resignation but they just had mentioned that i need to work until may 31 which i have done..now hr team is telling that i still need to pay for 2.5 months and manager says he was unaware of the maternity benefit i have availed...and i should obey to whatever hr says...they have deducted amount from my may month salary as well as my unavailed PL of nearly forty days and again asking me to pay 9700 rupees. If i speak to hr she tells i am not aware of what manager did and manager says am not aware of what hr did and they are backfiring me with abusive language. Please advise .
From India, Bengaluru
I was issued acceptance of resignation but they just had mentioned that i need to work until may 31 which i have done..now hr team is telling that i still need to pay for 2.5 months and manager says he was unaware of the maternity benefit i have availed...and i should obey to whatever hr says...they have deducted amount from my may month salary as well as my unavailed PL of nearly forty days and again asking me to pay 9700 rupees. If i speak to hr she tells i am not aware of what manager did and manager says am not aware of what hr did and they are backfiring me with abusive language. Please advise .
From India, Bengaluru
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf