As per my appointment letter, I am supposed to serve three months' notice. I have put up my resignation on the 2nd. Feb-2023 stating my last working day as the 28th. Feb, 2023.
I received a release letter duly signed by the company's authorised signatory, dated the 26th. Feb, 2023, stating -
"My resignation has been accepted; however, it is subject to the completion of clearance formalities and F&F Settlement with the company. You will be relieved from duties with effect from Feb 26, 2023, at the close of working hours."
After two days, i.e... on the 28th. Feb, 2023, I receive an amount in my Bank close to my salary. Hence, it can be assumed to be an F&F Settlement since this amount is being disbursed after the release letter. Now suddenly, in the month of September 23, my HR is claiming that I have not served three months' notice. I need to pay an amount to compensate, or else they will go legal. I need your advice on this.
From India, Bhubaneswar
I received a release letter duly signed by the company's authorised signatory, dated the 26th. Feb, 2023, stating -
"My resignation has been accepted; however, it is subject to the completion of clearance formalities and F&F Settlement with the company. You will be relieved from duties with effect from Feb 26, 2023, at the close of working hours."
After two days, i.e... on the 28th. Feb, 2023, I receive an amount in my Bank close to my salary. Hence, it can be assumed to be an F&F Settlement since this amount is being disbursed after the release letter. Now suddenly, in the month of September 23, my HR is claiming that I have not served three months' notice. I need to pay an amount to compensate, or else they will go legal. I need your advice on this.
From India, Bhubaneswar
Hi,
As the Employer had already accepted your resignation and relieved your proper with FFS there is no point of discussing compensation in lieu of 3 months notice now. You have the relieving order copy which will be very much sufficient.
From India, Madras
951As the Employer had already accepted your resignation and relieved your proper with FFS there is no point of discussing compensation in lieu of 3 months notice now. You have the relieving order copy which will be very much sufficient.
From India, Madras
The release letter states that it is subject to FnF settlement and ideally they should have held the salary for February and adjusted it with the FnF. Ethically if the notice period is 3 months and you have served only 1 month you should pay the basic salary for the 2 months short served. To me it seems that your previous employer has released your Feb salary and not given you a no-dues clearance. They could also write to your present employer stating that you have not settled your dues with them, which could negatively impact your career.
From India, Kolkata
From India, Kolkata
Hi Sandip,
In the realm of employment and labour laws, the issue of leave and overtime is a complex and often contentious one. Employers have the right to manage their workforce and ensure that the operations of the business run smoothly, but employees also have rights and entitlements that must be respected. It is important to strike a balance between the needs of the employer and the rights of the employee, and this can often be a challenging task.
According to the leave rule, employees are entitled to a certain amount of leave, which may vary depending on the laws of the country or region, as well as the specific policies of the company. However, it is important to note that leave is not an absolute right, and there are circumstances in which it can be revoked, particularly during exigency situations. This is a reasonable provision, as there may be times when the smooth functioning of the business requires all hands on deck, and allowing employees to take leave may not be feasible.
In the context of shift duty, where employees are required to work in shifts to ensure continuous operations, the issue of leave becomes even more complex. In such situations, it may be necessary for management to restrict leave in order to avoid overtime. This is because in shift duty, employees cannot simply leave their post without a reliever, and if there is a shortage of staff due to leave, it may result in the need for overtime to cover the gaps. In such cases, it is within the rights of management to restrict leave in order to ensure that the operations run smoothly and efficiently.
However, it is also important to consider the rights of the employees in this situation. If management is forced to prevent leaves in order to avoid overtime, it is crucial to find a solution that is fair and reasonable for the employees. One potential solution could be to implement a more flexible scheduling system that allows for better management of leave and staffing needs. This could involve creating a system for employees to swap shifts or allowing for more advanced notice for leave requests, in order to minimize the need for overtime due to leave shortages.
In addition to the issue of leave, the issue of overtime and wage deductions also arises. It is not uncommon for employers to deduct wages for overtime in the name of a shortage of overtime funds. However, this practice is not always legal or fair, and it is important for employees to be aware of their rights in this regard. In many jurisdictions, there are laws and regulations in place that govern the payment of overtime and the rights of employees to receive fair compensation for their work. If an employer is deducting wages for overtime in an unfair or illegal manner, employees have the right to raise a dispute or complaint.
In India, employees can raise a dispute or complaint regarding issues related to leave, overtime, and wage deductions through the appropriate legal channels. This may involve filing a complaint with the labor department or seeking legal advice and representation to address the issue. It is important for employees to be aware of their rights and entitlements, and to take action to ensure that their rights are respected and upheld.
In conclusion, the issue of leave, overtime, and wage deductions is a complex and multifaceted one, and it is important for both employers and employees to be aware of their rights and responsibilities in this regard. While management may have the right to restrict leave and manage staffing needs in order to avoid overtime, it is crucial to do so in a fair and reasonable manner that respects the rights of the employees. Likewise, employees have the right to fair compensation for their work, and to raise disputes or complaints if their rights are being violated. By understanding and respecting the rights of both parties, it is possible to find solutions that are fair and reasonable for all involved.
Thanks
From India, Bangalore
In the realm of employment and labour laws, the issue of leave and overtime is a complex and often contentious one. Employers have the right to manage their workforce and ensure that the operations of the business run smoothly, but employees also have rights and entitlements that must be respected. It is important to strike a balance between the needs of the employer and the rights of the employee, and this can often be a challenging task.
According to the leave rule, employees are entitled to a certain amount of leave, which may vary depending on the laws of the country or region, as well as the specific policies of the company. However, it is important to note that leave is not an absolute right, and there are circumstances in which it can be revoked, particularly during exigency situations. This is a reasonable provision, as there may be times when the smooth functioning of the business requires all hands on deck, and allowing employees to take leave may not be feasible.
In the context of shift duty, where employees are required to work in shifts to ensure continuous operations, the issue of leave becomes even more complex. In such situations, it may be necessary for management to restrict leave in order to avoid overtime. This is because in shift duty, employees cannot simply leave their post without a reliever, and if there is a shortage of staff due to leave, it may result in the need for overtime to cover the gaps. In such cases, it is within the rights of management to restrict leave in order to ensure that the operations run smoothly and efficiently.
However, it is also important to consider the rights of the employees in this situation. If management is forced to prevent leaves in order to avoid overtime, it is crucial to find a solution that is fair and reasonable for the employees. One potential solution could be to implement a more flexible scheduling system that allows for better management of leave and staffing needs. This could involve creating a system for employees to swap shifts or allowing for more advanced notice for leave requests, in order to minimize the need for overtime due to leave shortages.
In addition to the issue of leave, the issue of overtime and wage deductions also arises. It is not uncommon for employers to deduct wages for overtime in the name of a shortage of overtime funds. However, this practice is not always legal or fair, and it is important for employees to be aware of their rights in this regard. In many jurisdictions, there are laws and regulations in place that govern the payment of overtime and the rights of employees to receive fair compensation for their work. If an employer is deducting wages for overtime in an unfair or illegal manner, employees have the right to raise a dispute or complaint.
In India, employees can raise a dispute or complaint regarding issues related to leave, overtime, and wage deductions through the appropriate legal channels. This may involve filing a complaint with the labor department or seeking legal advice and representation to address the issue. It is important for employees to be aware of their rights and entitlements, and to take action to ensure that their rights are respected and upheld.
In conclusion, the issue of leave, overtime, and wage deductions is a complex and multifaceted one, and it is important for both employers and employees to be aware of their rights and responsibilities in this regard. While management may have the right to restrict leave and manage staffing needs in order to avoid overtime, it is crucial to do so in a fair and reasonable manner that respects the rights of the employees. Likewise, employees have the right to fair compensation for their work, and to raise disputes or complaints if their rights are being violated. By understanding and respecting the rights of both parties, it is possible to find solutions that are fair and reasonable for all involved.
Thanks
From India, Bangalore
The best thing for you, do not answer or do any communication with the company. Ignore till further communications come to you. In case you reply, you dip into muds.
From India, Mumbai
From India, Mumbai
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