Resignation,notice period & buy out of notice period
sabyasachi
(Querist) 26 April 2015
This query is : Resolved
I have been employed with a corporate training organization & been working on another company's project (being handled by my organization).
I resigned from my duties on 14th of the month as people associated in the project i was into(employee of the other company) put false allegations on me & i cannot compromise on my self respect,I clearly mentioned the same to my employer & said i will continue to work for him for the rest of the month to help him find a replacement for me,but not beyond that.
A)My employment contract says any employee would be considered confirmed after completion of 6 months of probation,where as under the 'probation period' column in contract it says employee would be considered confirmed after successful pass of a performance appraisal.
I have worked in this organization for 8 months & 7 days now,but no performance appraisal had been done 4 me so far....so am i a confirmed employee of my organization ??
B)the employment contract also says if i resign before confirmation i need to give 48 hr. notice max;if i resign after confirmation i have to give A MONTH'S notice.
So in the afore mentioned context how much would be my notice period - 48 hr.s or 1 month??
C)the employment contract no where says that i have to pay / compensate my organization if i resign without giving a month's notice.
Then how can my employer ask me to pay money equivalent to 2month's gross salary & threat me to legal actions if i fail to pay ??
please guide me as in all cases if i succumb to my employer my career would be completely spoiled
P. Venu
(Expert) 26 April 2015
From the facts disclosed, many of the terms of the contract are ambiguous. The employer cannot unilaterally enforce the terms of the contract and in a legal action, the ambiguities are bound to be interpreted in favour of the employee.
Kumar Doab
(Expert) 26 April 2015
1. Who has communicated:
-- to tender 2 month's gross salary in lieu of notice period?
--that notice period applicable is 30 days.......or any other period?
Is this communication in writing?
2. Have you mentioned notice period in resignation submitted by you : if yes how much?
Do you have copy: if yes is it acknowledged/received?
Did you cite reference of clause numbers?
3. Have you reported bad conduct of mangers of client in writing: if yes is it acknowledged and do you have copy?
4. Have you so far recorded and minuted the threats etc?
5. What is your designation and nature of duties, how many persons ate reporting to you, do you have power to appoint/terminate/sanction leave/grant increments?
Remain composed,amiable and record everything..........
In all probabilities you will succeed to resolve.
sabyasachi
(Querist) 26 April 2015
1.My boss (employer,my organization) has asked for the payment for 2 month's gross salary in lieu of notice period; the communication is only over a whatsapp msg & not over any official communication
2.I did mention very clearly in my mail when I am resigning & how long I will serve my organization, yes i have a copy of my mail, my boss received it as he has replied on the same asking me to rethink.
I did not cite any ref. or clause no.
3.I reported the allegation incidence of the client's manager in writing to my employer & asked for his support for me,which never came to me.
4.the entire threat msg is in my whatsapp chat history
5.i am a trainer,no one reports me but lot of client's employees co-ordiate withe me officially for training needs.I do not appoint / terminate any one,I am not designated for the same nor have I got the power to sanction leave or grant increments.
Rajendra K Goyal
(Expert) 26 April 2015
Author need to provide the vital information sought by the expert Kumar Doab.
sabyasachi
(Querist) 26 April 2015
mr.Goyal please spcify which vital information are you asking...in my re-post i ave answered Mr. K.D.'s questions
Kumar Doab
(Expert) 26 April 2015
Clarify in Whatsapp, chats that no appraisal was conducted, no notice pay is applicable as per appointment letter, and request not to trouble you with comments like..........and not to ask for notice pay.......
Download and print and save the history of Whatsapp,chats in a manner that it is not lost.
Submit all company assets under proper acknowledgment, and resignation by letter thru redg. Post citing reference of email resignation ( with same date as of email and attach copy if email).......and cite referencereference of clause number laying down condition og appraisal........
It is the duty of bosses to initiate appraisal well in advance and complete and handover signedcopy of appraisal with matrix and the letter of confirmation or extention......
Show all of the WhatsApp,at history to an able Labor Law Consultant /Service Matters Lawyer/Law firm and also a lawyer specializing in criminal/defamation/discriminatory retaliation cases.
Let your counsels now draft and structure your written representations yo be submitted in writing under proper acknowledgment to your employer that has signed the appointment letter and MD, chairman, Board......
and conclude that NO tasks are pending at your end and to whom you should handover the charge within and upto expiry of notice period, under proper acknowledgment on the spot............and request to supply by redg. Post the acknowledgment and acceptance of resignation, FnF statement showing computation of earned wages/leave encashment/bonus/OT etc and thus all payables by company to you and by you to company, paymeny of FnF amounts by bank DD, salary slips of all months,PF Number and a/c slips of all years,ESIC Card,NOC/NDC,Form16 as per correct FnF statement,Service certificate,Relieving letter etc so as to reach you on last day in office.....
issue reminders and tender final resignation of course under proper acknowledgment......
Explain the whole situation to next employer preferably in writing and that you can provide only the copy of resignation and proof of dispatch and you should be appointed on the strength of these ONLY.......and you can't provide anything if it is not supplied to you by current/past employees......
Your counsels nay opine to reduce the Chats/Whatsapp history in letters and attach copies......and that conduct is bad and illegal and you can approach lawful authority, courts...........
If you build irrefutable record in writing and under proper acknowledgment you can defend your interest.......
Keep this thread updated........
Send PM if you Dont get reverts...for a few days....
Is this company registered as : Commercial Establishment? If yes you are in which state? Does company have office at your location? Where is redg. Office of the company/
T. Kalaiselvan, Advocate
(Expert) 02 May 2015
Dear author, hope you are convinced about what is to be done and how after reading the elaborate and properly worded and convincing measures suggested by our expert Mr. Kumar Doab in this aspect. This will protect your interest in particular and to others in general who also face similar situation in their place of employment and would like to put the papers.
