Dear Team,
I tendered my resignation with a clear mention to be relieved as per the company policy.
Following is the series of events:
1. I was told by the top management to settle my account immediately.
2. Complying with the instructions, I reported to HR for exit details.
3. Thereafter, I requested my dues.
4. HR informed me that as I had not complied with the notice period, an amount had been debited from me, which surprised me.
5. Subsequently, I started writing emails to clear my account.
6. Over a period of nine months, I sent ninety reminder emails.
7. I didn't receive a single response to any of the above emails.
8. Then, I began addressing the emails in the company's name instead of individual names, hinting at legal action.
9. To my surprise, I received an email from an advocate serving a recovery notice.
Kindly advise on the issue.
From India, Ludhiana
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I tendered my resignation with a clear mention to be relieved as per the company policy.
Following is the series of events:
1. I was told by the top management to settle my account immediately.
2. Complying with the instructions, I reported to HR for exit details.
3. Thereafter, I requested my dues.
4. HR informed me that as I had not complied with the notice period, an amount had been debited from me, which surprised me.
5. Subsequently, I started writing emails to clear my account.
6. Over a period of nine months, I sent ninety reminder emails.
7. I didn't receive a single response to any of the above emails.
8. Then, I began addressing the emails in the company's name instead of individual names, hinting at legal action.
9. To my surprise, I received an email from an advocate serving a recovery notice.
Kindly advise on the issue.
From India, Ludhiana
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You were told by top management to exit immediately - was it in writing and by whom? In your resignation letter, were all these facts brought out that you had planned to leave after serving the notice period, but were told by Mr. X, in a specific designation, on a particular date, to exit immediately? Legal notice is an attempt to browbeat you. I do hope you have documented these events of the original date of leaving and the new date as per the order of higher management. Anyway, consult a lawyer and take up the matter.
From India, Pune
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3251From India, Pune
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This is a typical case of resignation and problems from management. The employee wants to exit. Here, the employee is ready and asking to follow the laid-down exit policy. A verbal talk with higher management (as per what is written) and the concerned employee is told they can exit immediately. The employee visits HR for exit formalities. Apparently, at that stage, HR says nothing against immediate exit. However, HR plays a different tune and debits the notice period or dues to the employee's accounts. Is it miscommunication between HR and top brass or intentional? Subsequently, the employee follows up for settlement but gets a notice from a lawyer. Such problems arise due to cost-cutting and the saving nature of employers. It is always advisable to keep such conversation in writing - whom spoken to, time, date, appointment, and gist of instructions/discussion. In this case, the employee has no choice but to seek legal recourse to avoid getting into a situation where the former employer drags him to court (though it is unlikely and the notice may be a browbeating technique). HRs need to play a proactive role in such cases and advise employers on the rules and laws governing employment. It is difficult as HR also wants to be in good books and avoid losing his/her job. But a delicate balance needs to be struck between following wrong instructions and the company's interest. The company's interest can never be served well in the long run by employee-unfriendly policies. An interesting case based on details given by the employee/querist.
From India, Pune
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From India, Pune
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Approach labour forum, Deputy commissioner of labour like that. With all your email, advocate notice and write clear letter mentioning whats happened. You will have a remedy.
From India, Madras
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From India, Madras
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Reply could be furnished to the Notice from the advocate bringing the discussions/instructions you had received from the HR on record, supported by documentary records if any.
From India, Kochi
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From India, Kochi
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If possible, you must provide a legal response to your employer and consider taking legal action against them. In employment, every order, action, and task performed should be documented in writing, immediately approved, and securely saved. In many instances, it is also advisable to keep a copy of the same document for yourself. This practice will assist you in pursuing legal options if necessary. Unfortunately, many corporate environments do not adhere to these protocols. It is recommended to avoid relying solely on verbal communication for official tasks.
From India, Vadodara
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From India, Vadodara
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You should send a legal notice through an advocate for forcefully asking resignation and asking for compensation. Also, for notice payment, subject to if the communication from the employer is in writing.
Vinod Kaushik
Advocate
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Vinod Kaushik
Advocate
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Dear Sir/Madam,
Your point number 4 is noted. First of all, read your appointment letter thoroughly. I am mentioning that you did not complete your notice period. Some companies state that if you fail to complete this requirement, they may deduct months of your salary. Therefore, I suggest you directly approach the relevant person, such as someone in the HR department, in a friendly manner. If the outcome is unsatisfactory, you may need to escalate the matter to the labor office by submitting a complaint letter against that particular company. This action should lead to a favorable result for you.
Thanks/Regards,
Seven
From India, Chennai
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Your point number 4 is noted. First of all, read your appointment letter thoroughly. I am mentioning that you did not complete your notice period. Some companies state that if you fail to complete this requirement, they may deduct months of your salary. Therefore, I suggest you directly approach the relevant person, such as someone in the HR department, in a friendly manner. If the outcome is unsatisfactory, you may need to escalate the matter to the labor office by submitting a complaint letter against that particular company. This action should lead to a favorable result for you.
Thanks/Regards,
Seven
From India, Chennai
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Dear Paramjit-Bindra,
You have received a notice from your ex-employer through an Advocate. You need to reply to it through your Advocate. Approach a good Advocate. Provide him with all the correspondence/communication between you and your ex-employer from the date of your appointment till now. Ensure that the Advocate is informed about all oral communications as well. Do not withhold any information from him. Let him make a decision based on the circumstantial evidence whether you can argue that it was a forced resignation on your part (as suggested by our learned friend Vinod Kaushik, Advocate at #7 above).
In my opinion, it will be very challenging to take this stance now after more than nine months have passed. What you have conveyed in your 90-plus emails is known only to you. Therefore, I believe that advice from a forum like this may not be suitable, legal, or accurate. Such forums can provide guidance on the law and how to proceed.
It appears to me that you gave your employer short notice. It also appears to me that you pushed your employer to initiate recovery due to your short notice, as per the terms of your employment, by sending over 90 emails. You could have resolved the matter amicably with your employer by seeking wise advice from someone.
Thank you.
Best regards,
[Your Name]
From India, Mumbai
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You have received a notice from your ex-employer through an Advocate. You need to reply to it through your Advocate. Approach a good Advocate. Provide him with all the correspondence/communication between you and your ex-employer from the date of your appointment till now. Ensure that the Advocate is informed about all oral communications as well. Do not withhold any information from him. Let him make a decision based on the circumstantial evidence whether you can argue that it was a forced resignation on your part (as suggested by our learned friend Vinod Kaushik, Advocate at #7 above).
In my opinion, it will be very challenging to take this stance now after more than nine months have passed. What you have conveyed in your 90-plus emails is known only to you. Therefore, I believe that advice from a forum like this may not be suitable, legal, or accurate. Such forums can provide guidance on the law and how to proceed.
It appears to me that you gave your employer short notice. It also appears to me that you pushed your employer to initiate recovery due to your short notice, as per the terms of your employment, by sending over 90 emails. You could have resolved the matter amicably with your employer by seeking wise advice from someone.
Thank you.
Best regards,
[Your Name]
From India, Mumbai
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Dear User,
It looks like a LALA company HR! From your case, it is already apparent how unprofessional your HR is. Your pleas are of no value to the organization!
Practical advice: Irrespective of HR inactions, please clear all dues to the company – even if they waived it off verbally – it is ok – pay whatever they are asking for – and have peace of mind. You are just an insignificant being if pitted against the might of a giant MNC – typically, they have the best lawyers in the circle, and they will do anything to pin you down.
In a somewhat similar case like yours, our organization made multiple notice period recovery attempts from an absconded employee. The deciding court summoned his bank officials legally as a part of legal proceedings – they broke an FD in his name and produced a DD for the recovery amount. Egos were satisfied quickly! Just pay – and enjoy peace of mind – have your relieving letter please before they close your case.
From India, Delhi
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It looks like a LALA company HR! From your case, it is already apparent how unprofessional your HR is. Your pleas are of no value to the organization!
Practical advice: Irrespective of HR inactions, please clear all dues to the company – even if they waived it off verbally – it is ok – pay whatever they are asking for – and have peace of mind. You are just an insignificant being if pitted against the might of a giant MNC – typically, they have the best lawyers in the circle, and they will do anything to pin you down.
In a somewhat similar case like yours, our organization made multiple notice period recovery attempts from an absconded employee. The deciding court summoned his bank officials legally as a part of legal proceedings – they broke an FD in his name and produced a DD for the recovery amount. Egos were satisfied quickly! Just pay – and enjoy peace of mind – have your relieving letter please before they close your case.
From India, Delhi
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No Dues certificate.xls
No dues from.doc