I joined a private company in the month of march 2006 as a regional training manager. In the offer letter there was a clause stating that if I leaft the company within one year I am liable to pay to the company an amount equal to my 6 months CTC.
The organization was happy with my performance. I had to resign in the month of november 2006 on medical grounds. I suffered 6 attacks of weazing in 2 months time and the doctors adviced me to relocate from bangalore as the climate did not suit me. The organization was also aware of my medical problems.
My resignation was accepted and I was supposed to be relieved on 16th of december but a training program to be conducted by me was postponed and I myself volunteered to work for a few more days to complete my comitment of completing the program for which I had to ask for additional joining time from my new employer which I got after great difficulty.
On 21st december 2006 I handed over all the companies property which included a lap top,mobile,health insurance cards, id card and unused visiting cards and requested for a relieving letter.
I got a relieving letter that I had been relieved from my duties as on end of office hours on 21st december 2006 and the final settlement will be processed by the head office in due course of time.
My salary structure in that organization had 2 parts one was the regular salary and the other was reiumbrsements given as flexi pay.The organization has to pay my salary for december 2006 plus my flexi pay for the month of november and december plus my other perks.
In all my subsequent follow ups through mail and telephone I was told that my F&F settlement is under process and I will be getting it shortly.On putting substantial pressure the organization after so many days has send a mail stating the clause in my offer letter and hence only I will have to pay the organization. Now my querries are
1) I was not told about the enforcement of the clause at the time of my resignation or at the time of getting my relieving order. Since my resignation was on medical grounds I would have continued for 2 more months as I would have not lost upto 50k
2) In all the communication through mail and through phone no where I was communicated the enforcement of the clause. I was told that I would be getting my final settlement but suddenly they are saying it is the standard policy of the organization which has cast serious doubts on their intentions.
3)Since I have already got my relieving order stating that I will be getting my final settlement in due course is still the clause enforsable because once I get relieved from the company it means I have no dues to the organization.
I would really appreciate if someone can enligten me on my position legally. If the organization had told me at the time of resignation that I will have to forgo the final settlement amount in lieu of the clause in the appointment letter I would not have minded it but having made me run around following up for months and suddenly saying that it is a policy of the organization makes me wonder that they think I am a fool which I do not intend to be.
I BELIEVE THEY ARE DOING IT TO OTHER EMPLOYEES ALSO AND I REALLY WISH TO TEACH THEM A LESSON.
I WOULD REALLY APPRECIATE ANY GUIDANCE ON MY CHANCES OF GETTING A LEGAL REDRESSAL AND ALSO ABOUT APPROPRIATE LEGAL PROFESSIONALS HELP IN CHENNAI.[/b]
From India, Madras
The organization was happy with my performance. I had to resign in the month of november 2006 on medical grounds. I suffered 6 attacks of weazing in 2 months time and the doctors adviced me to relocate from bangalore as the climate did not suit me. The organization was also aware of my medical problems.
My resignation was accepted and I was supposed to be relieved on 16th of december but a training program to be conducted by me was postponed and I myself volunteered to work for a few more days to complete my comitment of completing the program for which I had to ask for additional joining time from my new employer which I got after great difficulty.
On 21st december 2006 I handed over all the companies property which included a lap top,mobile,health insurance cards, id card and unused visiting cards and requested for a relieving letter.
I got a relieving letter that I had been relieved from my duties as on end of office hours on 21st december 2006 and the final settlement will be processed by the head office in due course of time.
My salary structure in that organization had 2 parts one was the regular salary and the other was reiumbrsements given as flexi pay.The organization has to pay my salary for december 2006 plus my flexi pay for the month of november and december plus my other perks.
In all my subsequent follow ups through mail and telephone I was told that my F&F settlement is under process and I will be getting it shortly.On putting substantial pressure the organization after so many days has send a mail stating the clause in my offer letter and hence only I will have to pay the organization. Now my querries are
1) I was not told about the enforcement of the clause at the time of my resignation or at the time of getting my relieving order. Since my resignation was on medical grounds I would have continued for 2 more months as I would have not lost upto 50k
2) In all the communication through mail and through phone no where I was communicated the enforcement of the clause. I was told that I would be getting my final settlement but suddenly they are saying it is the standard policy of the organization which has cast serious doubts on their intentions.
3)Since I have already got my relieving order stating that I will be getting my final settlement in due course is still the clause enforsable because once I get relieved from the company it means I have no dues to the organization.
I would really appreciate if someone can enligten me on my position legally. If the organization had told me at the time of resignation that I will have to forgo the final settlement amount in lieu of the clause in the appointment letter I would not have minded it but having made me run around following up for months and suddenly saying that it is a policy of the organization makes me wonder that they think I am a fool which I do not intend to be.
I BELIEVE THEY ARE DOING IT TO OTHER EMPLOYEES ALSO AND I REALLY WISH TO TEACH THEM A LESSON.
I WOULD REALLY APPRECIATE ANY GUIDANCE ON MY CHANCES OF GETTING A LEGAL REDRESSAL AND ALSO ABOUT APPROPRIATE LEGAL PROFESSIONALS HELP IN CHENNAI.[/b]
From India, Madras
Dear balra72,
I am in total support with you in this matter, as this type of matter are the greatest reason which make the ALL HR a devil in disguise....
i have consulted my friends in Legal and they have suggested you to go this site and seek the general view from legal point in this matter.This is free site for general opinion
http://www.vakilbabu.com/Opinion/Opinion.htm
How Free is the FREE Advice ?
1. The Advice availed from this site, is given only upon a cursory glance of the documents supplied by you, and represent only the general application of law into your specified facts. This Advice is absolutely FREE!!!
2. However in case you want us to go deeply through your documents, requiring extra efforts, the same shall be chargeable at nominal costs, and NOT FREE.
3. In case you need to engage a lawyer for your work in India you are fully FREE to appoint any one, even after obtaining Free Advice from us, and there is absolutely no binding on you to engage us or any of our associates or any other person recommended by us. Naturally, we shall also be not responsible for any act, conduct or omission or the professional quality of the person chosen by you.
4. In case you want us to hunt for and help you in engaging a competent lawyer of your choice in any court or part of India, we shall try to do the same, but we do not guarantee any success in locating a suitable attorney of your choice as per your instructions. However, this service is also FREE!!
5. In case you decide to engage our services, the same is done as per our usual reasonable rates, which are fully dependent on the work load involved and such services, being our daily bread, are obviously NOT FREE!.
6. Since this is not the forum for deciding various aspects of a case, nor does this come under general application of law in any particular matter, and therefore we DO NOT provide either FREE or OTHERWISE the citations, case laws or judgments of various courts, related to the queries sent by the visitors.
So take your time and give it a go and seek their opinion and then take decision on this matter........
My request to you, if u win in this situation then please put this matter into a important daily/newspaper so that every one who are also suffering from the same should know about the procedure to be followed in case they are .
From India, New Delhi
I am in total support with you in this matter, as this type of matter are the greatest reason which make the ALL HR a devil in disguise....
i have consulted my friends in Legal and they have suggested you to go this site and seek the general view from legal point in this matter.This is free site for general opinion
http://www.vakilbabu.com/Opinion/Opinion.htm
How Free is the FREE Advice ?
1. The Advice availed from this site, is given only upon a cursory glance of the documents supplied by you, and represent only the general application of law into your specified facts. This Advice is absolutely FREE!!!
2. However in case you want us to go deeply through your documents, requiring extra efforts, the same shall be chargeable at nominal costs, and NOT FREE.
3. In case you need to engage a lawyer for your work in India you are fully FREE to appoint any one, even after obtaining Free Advice from us, and there is absolutely no binding on you to engage us or any of our associates or any other person recommended by us. Naturally, we shall also be not responsible for any act, conduct or omission or the professional quality of the person chosen by you.
4. In case you want us to hunt for and help you in engaging a competent lawyer of your choice in any court or part of India, we shall try to do the same, but we do not guarantee any success in locating a suitable attorney of your choice as per your instructions. However, this service is also FREE!!
5. In case you decide to engage our services, the same is done as per our usual reasonable rates, which are fully dependent on the work load involved and such services, being our daily bread, are obviously NOT FREE!.
6. Since this is not the forum for deciding various aspects of a case, nor does this come under general application of law in any particular matter, and therefore we DO NOT provide either FREE or OTHERWISE the citations, case laws or judgments of various courts, related to the queries sent by the visitors.
So take your time and give it a go and seek their opinion and then take decision on this matter........
My request to you, if u win in this situation then please put this matter into a important daily/newspaper so that every one who are also suffering from the same should know about the procedure to be followed in case they are .
From India, New Delhi
Hi again,
You can get free advice from them also...
http://www.helplinelaw.com/docs/indi...-chember.shtml
Try here for double assurance.
From India, New Delhi
You can get free advice from them also...
http://www.helplinelaw.com/docs/indi...-chember.shtml
Try here for double assurance.
From India, New Delhi
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