There were 3 months of officail notice period in my last company, and after 2 months of my resignation (I resigned self-willingly for better prospects), company HR called me one day suddenly and asked me leave that day itself. Along with this she mentioned that I need to buy out the rest of the notice and when asked to clarify she mentioned that I didn't have a choice.
Now in my final settlement document has come, after 45 days of separation, and I can see a hefty amount as buyout amount.
Is this even legal? I think it is not, but I don't know how to fight and whom to approach. If anyone willing to help, please leave a comment. I am working in Bangalore.
Note: They have withheld my experience certificate / relieving letter with them, and said it will be given only after clearing full and final settlement amount.
P.S.: This country really needs specific laws in place to put an end to these kinds of separation related issues. These are getting very common day by day.
From India, Bengaluru
Now in my final settlement document has come, after 45 days of separation, and I can see a hefty amount as buyout amount.
Is this even legal? I think it is not, but I don't know how to fight and whom to approach. If anyone willing to help, please leave a comment. I am working in Bangalore.
Note: They have withheld my experience certificate / relieving letter with them, and said it will be given only after clearing full and final settlement amount.
P.S.: This country really needs specific laws in place to put an end to these kinds of separation related issues. These are getting very common day by day.
From India, Bengaluru
Dear Sugata,
In case of breach, any terms of the contract of employment which are not specifically covered by any existing labor law would be a subject matter of Indian Contract Act,1872 only for redressal. Your resignation being a prospective one taking effect from a future date and particularly when you are in the course of your notice period, the HR's action of compelling you suddenly to move out by buying out the remaining notice period and having acted upon so (most probably without your written consent I suppose) is not only illegal but also very high-handed. When you had accepted to serve the entire notice period, the employer's action of compelling you to move out before the expiry of the notice period amounts to a counter offer. If it was not accepted by you, in fact the employer ought to have paid you the salary for the remaining notice period and then relieved you. Now the situation demands you to be more rational than emotional since the employer had committed a terrible blunder. Therefore, quietly accept the F&F and get the relieving orders and experience certificate and then join the new job.
Afterwards, you may consider taking any one of the following actions to get back the unauthorised deduction and the notice amount from the erstwhile employer:
If you were falling under the category of "workman" under the ID Act,1947, file a claim u/s 33C(2) of the Act in the Labor Court after issuing a notice to the previous employer. The reason for my above suggestion is that even though you were a workman, your gross monthly salary would be more than Rs.24000-00 and as such you are precluded from filing a claim against unauthorised deduction under the Payment of Wages Act,1936.
Had you been employed in supervisory or managerial cadre, you have to file a Civil Suit only for damages.
From India, Salem
6018In case of breach, any terms of the contract of employment which are not specifically covered by any existing labor law would be a subject matter of Indian Contract Act,1872 only for redressal. Your resignation being a prospective one taking effect from a future date and particularly when you are in the course of your notice period, the HR's action of compelling you suddenly to move out by buying out the remaining notice period and having acted upon so (most probably without your written consent I suppose) is not only illegal but also very high-handed. When you had accepted to serve the entire notice period, the employer's action of compelling you to move out before the expiry of the notice period amounts to a counter offer. If it was not accepted by you, in fact the employer ought to have paid you the salary for the remaining notice period and then relieved you. Now the situation demands you to be more rational than emotional since the employer had committed a terrible blunder. Therefore, quietly accept the F&F and get the relieving orders and experience certificate and then join the new job.
Afterwards, you may consider taking any one of the following actions to get back the unauthorised deduction and the notice amount from the erstwhile employer:
If you were falling under the category of "workman" under the ID Act,1947, file a claim u/s 33C(2) of the Act in the Labor Court after issuing a notice to the previous employer. The reason for my above suggestion is that even though you were a workman, your gross monthly salary would be more than Rs.24000-00 and as such you are precluded from filing a claim against unauthorised deduction under the Payment of Wages Act,1936.
Had you been employed in supervisory or managerial cadre, you have to file a Civil Suit only for damages.
From India, Salem
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06b-Form VI-B (Notice of Commencement of Contract Work).pdf
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