I think the best you can do in this situation is what Nathrao suggested in his first reply. Quoting as it is. "You will have to meet them and persuade them by showing the appointment order and concerned clause. Legal remedy is there but it will be time consuming. They may stick to the condition that you need to serve 2 month notice or buyout 2 months and not i month notice and i month pay. Polite and persuasive negotiation will only help you to leave the job in time."
You seem to be in hurry for some reasons on leaving this job by 31st Jan. Which means you have couple of days to make best possible efforts. You would not want to get into legal predicament...trust me, so it is best that you talk to the senior management and get yourself out of this situation. Arguing or threatening on the grounds of legal action will not only be time consuming but also cost you lot of money and trouble. Instead you invest that time and money and efforts to find the right solution. If you have had good employment record, I don't see a reason why they would be so stringent otherwise, even when you are ready to buy out as per the clause in appointment letter.
Good luck!
From India, Mumbai
14You seem to be in hurry for some reasons on leaving this job by 31st Jan. Which means you have couple of days to make best possible efforts. You would not want to get into legal predicament...trust me, so it is best that you talk to the senior management and get yourself out of this situation. Arguing or threatening on the grounds of legal action will not only be time consuming but also cost you lot of money and trouble. Instead you invest that time and money and efforts to find the right solution. If you have had good employment record, I don't see a reason why they would be so stringent otherwise, even when you are ready to buy out as per the clause in appointment letter.
Good luck!
From India, Mumbai
You can take legal remedy, but it's usually not worth the time, money and effort. If you can't convince the company, you will have to either take the pay cut or serve out the notice on their terms.
You do have a case on the legal front though, in case you still want to take that route. You can read all about it here: Employment Bonds - Do they really work? | Bond Contracts
From India, Mumbai
You do have a case on the legal front though, in case you still want to take that route. You can read all about it here: Employment Bonds - Do they really work? | Bond Contracts
From India, Mumbai
Dear Sir,
I had worked with a firm for 10 years 6 months and 21 days.( from the date of joining till the date of resignation)
Unfortunately in this tenure last 6 months due to my mother health I couldn't attend the office on regular basis as she was hospitalised.The last salary which I withdrawn for 26 working days after that I was working from hospital.
But later was not given any salary despite I was sending official mails and making calls.( internal and external official mails) for complete one month.
Later I send a mail stating the condition of my mother and requested for LWP and attached the medical certificate stating that I being the only sibling taking care of my mother so couldn't attend the office for a month or so.but Inspite of replying to that mail they disconnected my offical mail id and the offical sim connection without my knowledge.
But by the end of the month my mother died and I even went through health issue and couldn't sent any mail further.
Later after 1.5 month I written my resignation stating that I didn't attend office due to my mother demise and my health condition.( Exactly 90 approx days I didn't work at all). I got the acceptance from them within a week or so on the same mail.
Now my question is related to my gratuity and relieving letter.
1. Now they are deducting the money from the gratuity for not serving the notice period.( despite they never given me salary for the month in which I worked from home for 1 month for which I have official mails). Can they deduct this amount.?
2. They are giving me a expereince letter till the time I attended my office.( means 04 months prior to my resignation). Is it correct?
These all things are done verbally and have not given me anything in written.( leaving resignation letter).
If No, please provide the legal right and procedure to follow
Awaiting for an early reply.
Thanking you inadvance
Vik
From India, Mumbai
I had worked with a firm for 10 years 6 months and 21 days.( from the date of joining till the date of resignation)
Unfortunately in this tenure last 6 months due to my mother health I couldn't attend the office on regular basis as she was hospitalised.The last salary which I withdrawn for 26 working days after that I was working from hospital.
But later was not given any salary despite I was sending official mails and making calls.( internal and external official mails) for complete one month.
Later I send a mail stating the condition of my mother and requested for LWP and attached the medical certificate stating that I being the only sibling taking care of my mother so couldn't attend the office for a month or so.but Inspite of replying to that mail they disconnected my offical mail id and the offical sim connection without my knowledge.
But by the end of the month my mother died and I even went through health issue and couldn't sent any mail further.
Later after 1.5 month I written my resignation stating that I didn't attend office due to my mother demise and my health condition.( Exactly 90 approx days I didn't work at all). I got the acceptance from them within a week or so on the same mail.
Now my question is related to my gratuity and relieving letter.
1. Now they are deducting the money from the gratuity for not serving the notice period.( despite they never given me salary for the month in which I worked from home for 1 month for which I have official mails). Can they deduct this amount.?
2. They are giving me a expereince letter till the time I attended my office.( means 04 months prior to my resignation). Is it correct?
These all things are done verbally and have not given me anything in written.( leaving resignation letter).
If No, please provide the legal right and procedure to follow
Awaiting for an early reply.
Thanking you inadvance
Vik
From India, Mumbai
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