Notice period recovery
Yash
(Querist) 03 February 2015
This query is : Resolved
Joined MNC after signing the contract that there is 2 months notice period from both sides and could be waived off in the lieu 2 months gross salary from either side.
Soon after joining had offer from other company, though the offer letter was awaited by then.
It was verbally discussed with manager for quick release with no written communication.
Manager communicated to HR and same issued a show cause notice with no mention of name of authorized signatory but only signature were there. It stated that it is act of misconduct that you had told your manager that you are yet to decide on the offer from other company.
Replied stating that these alleged points are false and also mention that the show cause notice does not contain any name of authorized signatory.
After 2 days, they terminated stating that it is act of misconduct and no notice period recovery is applicable.
However, in the FnF, they mentioned that I left the company on my own.
As I understand I am eligible for 2 months gross salary as per the contract and since was unemployed for 20 days additional compensation as well.
Please suggest the way forward.
P. Venu
(Expert) 04 February 2015
Misconduct implies a wrongful and dishonest act. The action of the company is illegal. However, it is a long and arduous task to seek any legal regal remedy.
Rajendra K Goyal
(Expert) 04 February 2015
It seems you have been removed without adopting proper disciplinary action path.
Represent to the company for your notice period pay. If not paid send legal notice.
ajay sethi
(Expert) 04 February 2015
contact a local lawyer and issue legal notice for recovery of your dues.
Yash
(Querist) 05 February 2015
Thanks all for suggestion.
As I understand they always have an option not to respond to legal notice.
What is the importance of legal notice?
Nadeem Qureshi
(Expert) 06 February 2015
its depend on the legal notice's content.
Dr J C Vashista
(Expert) 08 February 2015
@ Yash,
Did you sent legal notice or not? Even before sending you have concluded "not to respond" which shall go against them implying thereby that they do accept the contents of notice.
The importance of legal notice can be taught by your tutor, contact.
Yash
(Querist) 13 February 2015
@ Dr J C: as of today, I have not sent it, however would like to send in near future...will surely seek compensation.
