Dear Sir/Madam,
I had taken maternity leave and joined work after working for two months. As there was no one to look after my baby, I resigned. My manager said I only needed to serve a one-month notice period, but despite working many days, they considered only 15 days due to unachieved targets. They mentioned that the relieving letter would be sent after three months since I had not completed the notification period.
However, my manager now claims he was unaware of my maternity benefits and insists I must serve a six-month notice period. Both HR and my manager are pressuring me, stating that my 15 days' pay, PL leave money, and other benefits have lapsed. Additionally, they are demanding a payment of nine thousand to obtain my relieving letter. I am devastated as it feels like a game was played on me, and I was not informed of these issues until after I left the company.
What actions can I take regarding this situation? Please provide legal advice.
Thank you.
From India, Bengaluru
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I had taken maternity leave and joined work after working for two months. As there was no one to look after my baby, I resigned. My manager said I only needed to serve a one-month notice period, but despite working many days, they considered only 15 days due to unachieved targets. They mentioned that the relieving letter would be sent after three months since I had not completed the notification period.
However, my manager now claims he was unaware of my maternity benefits and insists I must serve a six-month notice period. Both HR and my manager are pressuring me, stating that my 15 days' pay, PL leave money, and other benefits have lapsed. Additionally, they are demanding a payment of nine thousand to obtain my relieving letter. I am devastated as it feels like a game was played on me, and I was not informed of these issues until after I left the company.
What actions can I take regarding this situation? Please provide legal advice.
Thank you.
From India, Bengaluru
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Dear member,
The notice period clause is always mentioned in the letter of appointment. You should have served the notice period as per the terms of the appointment letter. What your manager or HR says carries no meaning. Before submitting the letter of resignation, you could have spoken with HR or any other higher authority for the waiver of the notice period. Now the situation is that you do not have any written reply at hand.
When an employee submits the resignation, in many companies, a reply is given with the heading "Acceptance of Resignation." In this letter, the resigning employee is reminded about the notice period clause and the process of handing over/taking over the duties. Did HR issue this letter?
One solution is to go back and complete the notice period as per the terms of the appointment letter. It could impose hardship on you; nevertheless, getting an unblemished relieving letter is important, and for this, you need to ensure that your exit from the company is a smooth one.
You have asked for legal remedies. However, by not serving the proper notice period, you have put yourself in a difficult position. Under these circumstances, taking a route of litigation is not advisable.
Thanks,
Dinesh Divekar
From India, Bangalore
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8219The notice period clause is always mentioned in the letter of appointment. You should have served the notice period as per the terms of the appointment letter. What your manager or HR says carries no meaning. Before submitting the letter of resignation, you could have spoken with HR or any other higher authority for the waiver of the notice period. Now the situation is that you do not have any written reply at hand.
When an employee submits the resignation, in many companies, a reply is given with the heading "Acceptance of Resignation." In this letter, the resigning employee is reminded about the notice period clause and the process of handing over/taking over the duties. Did HR issue this letter?
One solution is to go back and complete the notice period as per the terms of the appointment letter. It could impose hardship on you; nevertheless, getting an unblemished relieving letter is important, and for this, you need to ensure that your exit from the company is a smooth one.
You have asked for legal remedies. However, by not serving the proper notice period, you have put yourself in a difficult position. Under these circumstances, taking a route of litigation is not advisable.
Thanks,
Dinesh Divekar
From India, Bangalore
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Hello Sir Dinesh Divekar,
I was issued an acceptance of resignation, but they just mentioned that I need to work until May 31, which I have done. Now the HR team is telling me that I still need to pay for 2.5 months, and the manager says he was unaware of the maternity benefit I have availed. They are insisting that I should obey whatever the HR says. They have deducted an amount from my May month salary as well as my unavailed PL of nearly forty days and are asking me to pay 9700 rupees. When I speak to HR, she tells me she is not aware of what the manager did, and the manager says he is not aware of what HR did. They are responding to me with abusive language. Please advise.
From India, Bengaluru
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I was issued an acceptance of resignation, but they just mentioned that I need to work until May 31, which I have done. Now the HR team is telling me that I still need to pay for 2.5 months, and the manager says he was unaware of the maternity benefit I have availed. They are insisting that I should obey whatever the HR says. They have deducted an amount from my May month salary as well as my unavailed PL of nearly forty days and are asking me to pay 9700 rupees. When I speak to HR, she tells me she is not aware of what the manager did, and the manager says he is not aware of what HR did. They are responding to me with abusive language. Please advise.
From India, Bengaluru
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Maternity Leave Policy - posting.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf