In the appointment letter following is the exit clause
"Your service can be dispensed at any time from either side by giving atleast one month notice or salary "
one of my old colleague left the organization giving 10 days notice as he had to join by 15th july , but when HR forced him to serve one month compulsorily , he left in 3 days and asked to adjust the notice pay of rest period from his salary as per appointment letter .
HR Threatened him to serve one month compulsorily and Write mail to him as follows :
," thus it is further instructed to resume your duties from tomorrow or else organization is liable to take legal action against you, which include filing a police case against you.
the said employer have very unfair practice toward employees , most of the cases it do not make full and final settlement honestly and deducted most of the amount showing one or other reason and pay just penny. So it is understood that employee like to serve least period after resignation.
can you please suggest legal remedy in this case.
From India, New Delhi
"Your service can be dispensed at any time from either side by giving atleast one month notice or salary "
one of my old colleague left the organization giving 10 days notice as he had to join by 15th july , but when HR forced him to serve one month compulsorily , he left in 3 days and asked to adjust the notice pay of rest period from his salary as per appointment letter .
HR Threatened him to serve one month compulsorily and Write mail to him as follows :
," thus it is further instructed to resume your duties from tomorrow or else organization is liable to take legal action against you, which include filing a police case against you.
the said employer have very unfair practice toward employees , most of the cases it do not make full and final settlement honestly and deducted most of the amount showing one or other reason and pay just penny. So it is understood that employee like to serve least period after resignation.
can you please suggest legal remedy in this case.
From India, New Delhi
There is a shade of grey in your friends action.Strictly speaking either he serves notice period or Pays upfront one month salary.
Anyway the there is no case for police to intervene as it is an employment dispute.
A legal practioner can file a case if there is withholding of pay etc.
From India, Pune
3131Anyway the there is no case for police to intervene as it is an employment dispute.
A legal practioner can file a case if there is withholding of pay etc.
From India, Pune
Hi
Since your friend has already intimated the management to adjust the remaining notice period from his salary there is no breach of contract and legal action does not arise on this score. However, if your friend has not complied with the handing over formalities, if any, as per the terms of appointment the management is at liberty to take legal action for such non-compliance
Regards
P.S.Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance,
PF, ESI, P Tax, Benefit Management &
POSH COMPLIANCE) - KOLKATA
From India, Kolkata
Since your friend has already intimated the management to adjust the remaining notice period from his salary there is no breach of contract and legal action does not arise on this score. However, if your friend has not complied with the handing over formalities, if any, as per the terms of appointment the management is at liberty to take legal action for such non-compliance
Regards
P.S.Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance,
PF, ESI, P Tax, Benefit Management &
POSH COMPLIANCE) - KOLKATA
From India, Kolkata
In the appointment letter following is the exit clause
"Your service can be dispensed at any time from either side by giving atleast one month notice or salary "
Has your colleague completed all the procedures before leaving the the organization? It seems that your colleague has left after giving his resignation before completing the exit procedures.
The HR is free to follow legal action on strength of the clauses are in appointment letter. there is nothing much in "Notice Period" matter can be settled with cost.
But it is not understood what sort of complain they would like to bring against your colleague in an FIR with police, is a matter of concern.
In my suggestion your colleague should consult a lawyer(Labour) with all documents and correspondence in the matter to decide the future course of action.
From India, Mumbai
"Your service can be dispensed at any time from either side by giving atleast one month notice or salary "
Has your colleague completed all the procedures before leaving the the organization? It seems that your colleague has left after giving his resignation before completing the exit procedures.
The HR is free to follow legal action on strength of the clauses are in appointment letter. there is nothing much in "Notice Period" matter can be settled with cost.
But it is not understood what sort of complain they would like to bring against your colleague in an FIR with police, is a matter of concern.
In my suggestion your colleague should consult a lawyer(Labour) with all documents and correspondence in the matter to decide the future course of action.
From India, Mumbai
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PF Case Law - Leave Encashment.doc