Hi All,
Need some help, after my maternity leave I joined the office on 11th Jan’13. After my joining of office my reporting manager ask me to sit at dispatch department for the job of data entry and maintaining register for incoming and outgoing letters, which was not acceptable as earlier i was working as Personal Secretary and Admin Executive in the same company and I have done my MBA in retail operation and the job is below my expectations & dignity. While conveying my concerns many times to my reporting manager he did not given me the job as per my qualification & experience and asked me to leave, if I am not ok with the job profile assign to me in dispatch.
After having lot of humiliation and mental harassment I decided to quit the job and tendered my resignation to my manager on 17th Jan’2013.
The resignation is accepted by the management with immediate effect as stated in the “letter of acceptance of resignation, without asking me to serve the notice period. However, I have not asked for the immediate relieving.
and now instead of giving me the money for the days i worked before my resignation, i got a letter from my company that i have to pay the amount of Rs. 16,000 as full & final for not completing the notice period.
Company is also threatening me to take legal action against me if i fail to pay the money, should i have to pay the notice period to the company. Kindly suggest.
Regards,
Ruchi
From India, Noida
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1Need some help, after my maternity leave I joined the office on 11th Jan’13. After my joining of office my reporting manager ask me to sit at dispatch department for the job of data entry and maintaining register for incoming and outgoing letters, which was not acceptable as earlier i was working as Personal Secretary and Admin Executive in the same company and I have done my MBA in retail operation and the job is below my expectations & dignity. While conveying my concerns many times to my reporting manager he did not given me the job as per my qualification & experience and asked me to leave, if I am not ok with the job profile assign to me in dispatch.
After having lot of humiliation and mental harassment I decided to quit the job and tendered my resignation to my manager on 17th Jan’2013.
The resignation is accepted by the management with immediate effect as stated in the “letter of acceptance of resignation, without asking me to serve the notice period. However, I have not asked for the immediate relieving.
and now instead of giving me the money for the days i worked before my resignation, i got a letter from my company that i have to pay the amount of Rs. 16,000 as full & final for not completing the notice period.
Company is also threatening me to take legal action against me if i fail to pay the money, should i have to pay the notice period to the company. Kindly suggest.
Regards,
Ruchi
From India, Noida
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Dear Ruchi,
From what you have described in your situation, it seems that many unprofessional companies engage in such practices. However, in your case, the company reassigned you to another department after you resumed your duties. This could be due to an exigency of work, and the company might have made this decision accordingly.
You mentioned that you did not like the new role that the company offered you later. If the company made this change without filling the Secretarial job vacancy, then it reflects poorly on the management. In such instances, companies should adhere to the terms of the employment contract and pay the employee the notice period instead of asking the employee to cover it.
You can now inform the management that you intend to fulfill the notice period. This will provide you with ample time to search for a suitable job that aligns with your qualifications and interests.
Best Wishes
From India, New Delhi
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From what you have described in your situation, it seems that many unprofessional companies engage in such practices. However, in your case, the company reassigned you to another department after you resumed your duties. This could be due to an exigency of work, and the company might have made this decision accordingly.
You mentioned that you did not like the new role that the company offered you later. If the company made this change without filling the Secretarial job vacancy, then it reflects poorly on the management. In such instances, companies should adhere to the terms of the employment contract and pay the employee the notice period instead of asking the employee to cover it.
You can now inform the management that you intend to fulfill the notice period. This will provide you with ample time to search for a suitable job that aligns with your qualifications and interests.
Best Wishes
From India, New Delhi
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If the case of Notice period being in HR, I can say there are two options:
1. You serve your whole notice period and get your salary.
or
2. If the company is pushing you and you are ready to serve the notice period, and as per your appointment letter, it is mentioned that any party can leave the job by giving two months' notice, then they have to pay you your notice period whether they want to or not.
From India, New Delhi
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1. You serve your whole notice period and get your salary.
or
2. If the company is pushing you and you are ready to serve the notice period, and as per your appointment letter, it is mentioned that any party can leave the job by giving two months' notice, then they have to pay you your notice period whether they want to or not.
From India, New Delhi
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Hi,
In your resignation, have you mentioned that you are willing to serve notice? Secondly, do you have in writing that you are relieved immediately without serving the notice? If yes, then you can always use it as proof to clarify and justify your side. You can go to the labor court for mental harassment (if you are strong enough to do so, sometimes people find it a waste of time). Try and first sort through negotiation.
From India, Mumbai
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In your resignation, have you mentioned that you are willing to serve notice? Secondly, do you have in writing that you are relieved immediately without serving the notice? If yes, then you can always use it as proof to clarify and justify your side. You can go to the labor court for mental harassment (if you are strong enough to do so, sometimes people find it a waste of time). Try and first sort through negotiation.
From India, Mumbai
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Where the company has accepted the resignation with immediate effect, they cannot ask you for payment of the notice period, except if you had stated in your letter that you will not serve notice.
Whether you can receive notice pay is debatable, but you will surely be entitled to payment for the period worked. As for mental harassment, I can't say if it's worth following up on. I would suggest you search for a job and enjoy some free time with your baby in the meanwhile.
Yes, do send a reply to the company refuting the claim for notice pay and ask them to pay your remaining salary within 7 days.
From India, Mumbai
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Whether you can receive notice pay is debatable, but you will surely be entitled to payment for the period worked. As for mental harassment, I can't say if it's worth following up on. I would suggest you search for a job and enjoy some free time with your baby in the meanwhile.
Yes, do send a reply to the company refuting the claim for notice pay and ask them to pay your remaining salary within 7 days.
From India, Mumbai
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Hi,
Thanks a lot for the valuable suggestions:
@ Jhuma: I haven't mentioned in my notice period any desired date of relieving; however, I asked them to relieve me at the earliest. Yes, I have the letter from the company on behalf of the management that they accepted my resignation with immediate effect.
@ Saswat: Yes, the company has accepted my resignation in writing with immediate effect without asking me to serve the notice period. I already sent a letter back to the company for the period I worked; just waiting for the reply from their side.
From India, Delhi
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Thanks a lot for the valuable suggestions:
@ Jhuma: I haven't mentioned in my notice period any desired date of relieving; however, I asked them to relieve me at the earliest. Yes, I have the letter from the company on behalf of the management that they accepted my resignation with immediate effect.
@ Saswat: Yes, the company has accepted my resignation in writing with immediate effect without asking me to serve the notice period. I already sent a letter back to the company for the period I worked; just waiting for the reply from their side.
From India, Delhi
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Dear Ruchi,
The HR team needs you to buy out the notice period. This happens when an employee wants to leave before the calculated last working day, as per the notice period.
Did the letter of acceptance of your resignation mention any last working day for you? If it was already mentioned, you have little to try other than requesting them to waive this buyout.
You need to get a clear exit and settle your accounts before your last working day. Request them for the waiver on humanitarian grounds. Please look for the exit policy in your employee manual. It will mention the process you may need to follow. Once you have a clearer view of what has already been declared, chart out your own exit.
Serve till you can, offer complete Knowledge transfer. Document the KT end-to-end. Ensure all your sign-offs, such as returning any company property, laptop, mobile phone, etc. Fill the PF withdrawal form, maintain your own copy of all these documents.
Wish you all the best!
From India, Mumbai
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The HR team needs you to buy out the notice period. This happens when an employee wants to leave before the calculated last working day, as per the notice period.
Did the letter of acceptance of your resignation mention any last working day for you? If it was already mentioned, you have little to try other than requesting them to waive this buyout.
You need to get a clear exit and settle your accounts before your last working day. Request them for the waiver on humanitarian grounds. Please look for the exit policy in your employee manual. It will mention the process you may need to follow. Once you have a clearer view of what has already been declared, chart out your own exit.
Serve till you can, offer complete Knowledge transfer. Document the KT end-to-end. Ensure all your sign-offs, such as returning any company property, laptop, mobile phone, etc. Fill the PF withdrawal form, maintain your own copy of all these documents.
Wish you all the best!
From India, Mumbai
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