Hello sir,
I was working in a private limited company in Sonepat for 2.5 years. In March 2017, I gave my resignation to the company with a 4-day notice period. I agreed with the company that they could deduct one month's salary because I resigned with a 4-day notice period. However, the director clearly stated that they could not provide any money or relieving if I left without a 30-day notice period. He then refused to give me my remaining salary and relieving documents.
When I tried to call him, he did not answer my calls. What should I do? Where can I file a complaint? My company's headquarters are in Delhi, and I work in Sonepat.
Thank you.
From India, undefined
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2I was working in a private limited company in Sonepat for 2.5 years. In March 2017, I gave my resignation to the company with a 4-day notice period. I agreed with the company that they could deduct one month's salary because I resigned with a 4-day notice period. However, the director clearly stated that they could not provide any money or relieving if I left without a 30-day notice period. He then refused to give me my remaining salary and relieving documents.
When I tried to call him, he did not answer my calls. What should I do? Where can I file a complaint? My company's headquarters are in Delhi, and I work in Sonepat.
Thank you.
From India, undefined
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Hi,
Simply, you can do two things:
If your salary is less than 21000, go to the area labour inspector and enforce the Payment of Wages Act. They will take prosecution action against your employer.
If your salary is more than 21000 but you are not a manager, then go to the area labour inspector and file a complaint under the Shops and Establishment Act. They will proceed with prosecution against your employer.
Thirdly, if they have not paid your PF or ESI for the last month, go to the respective enforcement officer. You can also file a complaint under the Indian Penal Code for non-payment of PF and ESIC dues as criminal breach of trust.
Additionally, you can go to the labour courts or civil courts for the enforcement of the contract.
For more information, visit [Things To Remember While Drafting A Valid Employment Contract](http://www.shramsamadhan.com/p/blog-page_16.html)
From India, Kolkata
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Simply, you can do two things:
If your salary is less than 21000, go to the area labour inspector and enforce the Payment of Wages Act. They will take prosecution action against your employer.
If your salary is more than 21000 but you are not a manager, then go to the area labour inspector and file a complaint under the Shops and Establishment Act. They will proceed with prosecution against your employer.
Thirdly, if they have not paid your PF or ESI for the last month, go to the respective enforcement officer. You can also file a complaint under the Indian Penal Code for non-payment of PF and ESIC dues as criminal breach of trust.
Additionally, you can go to the labour courts or civil courts for the enforcement of the contract.
For more information, visit [Things To Remember While Drafting A Valid Employment Contract](http://www.shramsamadhan.com/p/blog-page_16.html)
From India, Kolkata
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You have not mentioned two very important points; 1. What was your role & designation? 2. You were working in a factory or the place of work was an office outside factory premises.
From India, Thane
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From India, Thane
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Sir. My designation was engineer quality, and i was working in factory , but our head office is in delhi , So where i have to raise complaint in sonepat or in delhi.
From India, undefined
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From India, undefined
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Can i raise complaint online and send notice to employer online without visiting labour office
From India, undefined
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From India, undefined
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What is the term related to the notice period in the appointment letter? The term enables you to surrender salary in lieu of the notice period; then you are legally correct. Have you mentioned in the resignation letter about deducting salary for the notice period? If not, send a new letter mentioning this, referring to your resignation letter.
What were your nature of duties? Were they supervisory or above? Then the management may object before the labor inspector as you will not be an employee as per the Industrial Disputes Act.
From India, Mumbai
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What were your nature of duties? Were they supervisory or above? Then the management may object before the labor inspector as you will not be an employee as per the Industrial Disputes Act.
From India, Mumbai
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If your termination clause does not speaks about notice period buyout then you have no other option then to serve for 30 days as mentioned.
From India, Ahmadabad
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From India, Ahmadabad
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Basically, you can do nothing.
You were required to give a 30-day notice to the company. You refused to do that. The company warned you that they will not give you your money or a relieving letter if you do not complete your notice period. So you were well aware of the consequences.
You did not "agree with the company that they will deduct notice pay". You told them they could. But they basically said nothing doing, we don't accept your terms.
In fact, the company should be taking legal action against you for breach of contract.
From India, Mumbai
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You were required to give a 30-day notice to the company. You refused to do that. The company warned you that they will not give you your money or a relieving letter if you do not complete your notice period. So you were well aware of the consequences.
You did not "agree with the company that they will deduct notice pay". You told them they could. But they basically said nothing doing, we don't accept your terms.
In fact, the company should be taking legal action against you for breach of contract.
From India, Mumbai
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Mr. Sanjay,
Irrespective of your not giving the desired notice period, you have not made any big mistake; it's a small one and can be condoned. Every appointment order has an exit clause where it is mentioned that you should either serve the notice period for a certain number of days or pay in lieu of notice. The company can deduct the balance of the notice from your FnF.
Your employer is not behaving rationally. Please contact a good advocate who deals with service matters and send a legal notice to your employer to complete your full and final settlement within a reasonable time.
FnF settlements normally take 15 to 30 days and not more than this. Some employers deliberately delay as they think it is not a priority.
From India, Thane
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Irrespective of your not giving the desired notice period, you have not made any big mistake; it's a small one and can be condoned. Every appointment order has an exit clause where it is mentioned that you should either serve the notice period for a certain number of days or pay in lieu of notice. The company can deduct the balance of the notice from your FnF.
Your employer is not behaving rationally. Please contact a good advocate who deals with service matters and send a legal notice to your employer to complete your full and final settlement within a reasonable time.
FnF settlements normally take 15 to 30 days and not more than this. Some employers deliberately delay as they think it is not a priority.
From India, Thane
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Dear Mr. Sanjay,
You have worked in the organization for a long period. I do not feel the organization is so bad. If it were as bad as you imply, you could not have served there for such a long time. We have not heard the other side. However, since you were in the Quality Control department, which I consider a very important department in an organization, before leaving, you should have developed one of your subordinates and informed the management that this individual is the one whom I have groomed. Upon my departure, this person will handle all my responsibilities, ensuring that the company is not adversely affected by my exit. I believe this approach would have been a more effective way to resign, rather than abruptly informing the management of my resignation and stating that I will not be returning from tomorrow.
Regards,
AC
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You have worked in the organization for a long period. I do not feel the organization is so bad. If it were as bad as you imply, you could not have served there for such a long time. We have not heard the other side. However, since you were in the Quality Control department, which I consider a very important department in an organization, before leaving, you should have developed one of your subordinates and informed the management that this individual is the one whom I have groomed. Upon my departure, this person will handle all my responsibilities, ensuring that the company is not adversely affected by my exit. I believe this approach would have been a more effective way to resign, rather than abruptly informing the management of my resignation and stating that I will not be returning from tomorrow.
Regards,
AC
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