Hi
This is an absconding case, where employee worked for 1.5 months and left the company. As per the offer letter he has to pay 3 months gross salary as Notice period dues to the company. (Which he is not aware as he has not read the offer letter fully)
After 6 months, company sends him a mail that he has to clear his dues which is a very big amount.. so is there any way the employee can save himself from this mess.. (only thing from his end is that he is still not working anywhere..)
Or just agree with the company and pay them what they ask for..??
Pls give suggestions from employee point of view.. Thanks
From India, Hyderabad
This is an absconding case, where employee worked for 1.5 months and left the company. As per the offer letter he has to pay 3 months gross salary as Notice period dues to the company. (Which he is not aware as he has not read the offer letter fully)
After 6 months, company sends him a mail that he has to clear his dues which is a very big amount.. so is there any way the employee can save himself from this mess.. (only thing from his end is that he is still not working anywhere..)
Or just agree with the company and pay them what they ask for..??
Pls give suggestions from employee point of view.. Thanks
From India, Hyderabad
Hi,
Kindly ask him to check what is the probation period mentioned in his offer letter. Also, let him check if notice period recovery is after probation period or not.
If there is not notice period before probation then he need not to worry about it as he is not a confirmed employee of the company and hence, notice period (recovery) would not be applicable for him.
In case if there is no probation period mentioned in the letter, then I suggest he should come down and explain the reasons for absconding from the services and check mutually what best can be done.
Regards
Ram
From India, Hyderabad
Kindly ask him to check what is the probation period mentioned in his offer letter. Also, let him check if notice period recovery is after probation period or not.
If there is not notice period before probation then he need not to worry about it as he is not a confirmed employee of the company and hence, notice period (recovery) would not be applicable for him.
In case if there is no probation period mentioned in the letter, then I suggest he should come down and explain the reasons for absconding from the services and check mutually what best can be done.
Regards
Ram
From India, Hyderabad
Hi Ram,
Thanks for the response. Here is what offer letter says:
Prohibition period is for six months.
Termination Notice:
During the period of your association with the Company, by giving written notice of 90 days, your prohibition / services may be terminated. However, at any point of time, if any of the terms and conditions is found to be violated or due to business demands, your services may be terminated with immediate effect. Instead of the notice, Company may pay your three months net salary. You may, with a written notice of 90 days terminate your services with the Company or pay your three months gross salary, at the discretion of the Company.
So the best option our friend can chose is to go and talk to them... cant challenge anything from his end right..??
From India, Hyderabad
Thanks for the response. Here is what offer letter says:
Prohibition period is for six months.
Termination Notice:
During the period of your association with the Company, by giving written notice of 90 days, your prohibition / services may be terminated. However, at any point of time, if any of the terms and conditions is found to be violated or due to business demands, your services may be terminated with immediate effect. Instead of the notice, Company may pay your three months net salary. You may, with a written notice of 90 days terminate your services with the Company or pay your three months gross salary, at the discretion of the Company.
So the best option our friend can chose is to go and talk to them... cant challenge anything from his end right..??
From India, Hyderabad
Yes dear...May be some thing can work out after a polite discussion with management. Any way, wish him good luck from my side. Regards Ram
From India, Hyderabad
From India, Hyderabad
I would like to add one thing that if the person (employee) is an employee coming under the definition of workman of the Industrial Disputes Act, he need not pay any notice pay even if he is a confirmed employee or his appointment order says that he should pay notice pay. This is because, there is nothing in the ID Act which tells that a workman should serve notice or pay notice pay whereas if the employer is terminating one's service the employer should serve one month notice (three months in case of the company employs 100 or more employees) or pay salary in lieu of such notice. The appointment order is, certainly, a contract which is accepted by the employee but an appointment order will be void if it contains a clause negative to the Law. Even if the certified Standing Orders of the company will not stand.
It is to be understood that ID Act and other labour laws are meant for employees and to protect their interests and therefore, if an employer issues a notice of recovery, the same may not be enforced.
Regards,
Madhu.T.K
From India, Kannur
4239It is to be understood that ID Act and other labour laws are meant for employees and to protect their interests and therefore, if an employer issues a notice of recovery, the same may not be enforced.
Regards,
Madhu.T.K
From India, Kannur
Thank you Ram, I shared the response with our Friend, he would go to the HR sometime next week, lets hope he would get out of this mess without much problems.
Hi Madhu, our friend has worked with an IT company in Support process, I will check if this (ID Act) applies to him. Thank you.
From India, Hyderabad
Hi Madhu, our friend has worked with an IT company in Support process, I will check if this (ID Act) applies to him. Thank you.
From India, Hyderabad
Hi!! Seniors,
Same situation took place with me as well,I had been employed by the GREYCELLS 18 Medial Ltd,426,First Floor,Opp metro piller no -132,Red Coral Building,MG road,Ghitorni ,Delhi. on 25th May 2011 and i gave my resignation from the post of MGR-Administration in the month of Nov 2011 and my last day of working with the company was 2nd Dec 2011 and the compnay also gave me the duplicate copy of the clearence certificate counter signed by the CEO(MR. Sunil Khanna) & HR-Officer(Mrs. Sheela Anil) with the company stamp.
I did'nt recd any confirmation letter from the company as i resigned from my post in the probation period only.
Now when i asked GREYCELLS 18 Medial Ltd to settle my full and final they gave me the amount of Rs.7737 to accept as the actual amount was 45,000(appx), giving reason that the rest amount has been deducted against the notice period.
I served the notice period of 15 days with company as i was on probation period and company is asking me to serve the notice period of 3 months, which i think nowhere is applicable during the probation period and no company can go beyond the govt policies.
Pls suggest that can i approach the labor court to get my balance amount from the company.
From India, Gurgaon
Same situation took place with me as well,I had been employed by the GREYCELLS 18 Medial Ltd,426,First Floor,Opp metro piller no -132,Red Coral Building,MG road,Ghitorni ,Delhi. on 25th May 2011 and i gave my resignation from the post of MGR-Administration in the month of Nov 2011 and my last day of working with the company was 2nd Dec 2011 and the compnay also gave me the duplicate copy of the clearence certificate counter signed by the CEO(MR. Sunil Khanna) & HR-Officer(Mrs. Sheela Anil) with the company stamp.
I did'nt recd any confirmation letter from the company as i resigned from my post in the probation period only.
Now when i asked GREYCELLS 18 Medial Ltd to settle my full and final they gave me the amount of Rs.7737 to accept as the actual amount was 45,000(appx), giving reason that the rest amount has been deducted against the notice period.
I served the notice period of 15 days with company as i was on probation period and company is asking me to serve the notice period of 3 months, which i think nowhere is applicable during the probation period and no company can go beyond the govt policies.
Pls suggest that can i approach the labor court to get my balance amount from the company.
From India, Gurgaon
For a Manager, no protection under the ID Act is available and such employee is guided purely by the contract of employment (appointment order) only. Therefore, if the order suggests that one should give three months notice, then he is supposed to give it.
The protection what I have stated is available to all persons who are not employed in supervisory or managerial capacity and an employee working in an IT firm will also get the protection provided he is not having supervisory or managerial rights like right of supervising the work, right of sanctioning leave, right of appraising the performance of subordinates and right of initiating disciplinary action against subordinates. Simply, it is not mere designation but any of the above stated rights that defines a manager or supervisory employee.
Regards,
Madhu.T.K
From India, Kannur
The protection what I have stated is available to all persons who are not employed in supervisory or managerial capacity and an employee working in an IT firm will also get the protection provided he is not having supervisory or managerial rights like right of supervising the work, right of sanctioning leave, right of appraising the performance of subordinates and right of initiating disciplinary action against subordinates. Simply, it is not mere designation but any of the above stated rights that defines a manager or supervisory employee.
Regards,
Madhu.T.K
From India, Kannur
Dear Madhu, Along with type of job description/ 3 main authorities for aforesaid to know workman or supervisor, is "salary" considered to decide workman under ID act and welfare fund?
From India, Ahmadabad
From India, Ahmadabad
Dear Madhu Sir,
Please share your knowledge on 'who is an employee' under the ID Act.
Especially it has more significance in IT/ITES/KPO industry. Only because a employee earns handsomely doesn't deprive him of protection under ID Act. When a person does not have managerial/supervisory duties, I feel that most of the people working in IT industry fall under the definition of 'workmen' and are entitled to rights/protection under the ID Act.
Regards,
Swapnil
From India, Pune
Please share your knowledge on 'who is an employee' under the ID Act.
Especially it has more significance in IT/ITES/KPO industry. Only because a employee earns handsomely doesn't deprive him of protection under ID Act. When a person does not have managerial/supervisory duties, I feel that most of the people working in IT industry fall under the definition of 'workmen' and are entitled to rights/protection under the ID Act.
Regards,
Swapnil
From India, Pune
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