Notice period is not fully served
KN Kumar
(Querist) 12 November 2016
This query is : Resolved
I was working for one Pharmaceitical company from last 9.5 years. My new big boss was not treating me a good manner and told me that he can do the do work with my absence more than 5 times.During my work period also, he used to demoralized me. So i got a job insecurity as i could not do anything with HR as one of our colleague left the organisation by saying his name but there was no action from HR side. He came 1.5 year back and almost 15 members in a team left the organisation. During this time, i got a offer letter from other company and asked me to join in 1month time.As i got a insecurity in my job, i accepted one month time for new company. I put resignation in system by saying 1 month notice period, but my company needs 3 months notice period. I requested my immediate boss to relieve me in 1 month time, he accepted but my Big boss was not accepted. I requested my big boss twice but he was not considered. I approached HR team and asked them to help. They also told me that i need to get the approval from big boss. Once again i approached my HR team by saying my big boss was not accepting. As a part of my responsibility, assigned job was completed and handed over the work to team members. Though he was not accepted my early releiving. I was in a situation that old company was not leaving and new company was asking to come. Eventhough, i asked for 1 month relieving in resignation time, i served for 42 days to complete the handover part. From Day first i have communicated through mail that i will pay notice period salary. I clealy sent the mail to my heads and HR team that my responsibilities were completed and moving out as there was no response from both the ends. New company has taken me without relieving letter as i told them the present situation.Now i have another 17 days to complete 3 months of notice period and worked for old company for 42 days. I got the news from my home that old company HR has sent the letter 1 day back to my home but my family was refused to take the letter and returned back. Now i need to get 9.5 yrs Gratutity from old organisation. Will they take the legal action on me. I have all mail communications with me which i have sent to HR and my Heads. I think, they are trying to file absonding notice.I have clearly told my heads and HR team that iam ready to pay 48 days notice period salary.i have almost 12 days leaves on prorata basis. Please suggest.
Rajendra K Goyal
(Expert) 12 November 2016
Have you filed gratuity claim?
Send notice for the payment of all your dues.
Guest
(Expert) 12 November 2016
Your thinking or presumption has no relevance for any advice in the absence of the contents of the letter of your previous company, which you say that your family members refused to take. So, anyone can not say whether they will take any legal action or not.
KN Kumar
(Querist) 13 November 2016
Thanks for your reply. I need help if old company hr sends a showcause notice of absconding and legal notice, what should I do. I have already communicated through mail that I need early relieving and ready to pay rest of the days salary. I have all mail communications. I need to get 12 days salary+ 12 days leaves+ 9 years gratuity. Please suggest.
Guest
(Expert) 13 November 2016
OK, whenever you get any communication from your company, you will be welcome to discuss what real problem arises.
Rajendra K Goyal
(Expert) 13 November 2016
Reply need to be drafted on the basis of letter received.
Planning is of no use.
Send registered letter / legal notice / notice in support of your e-mails.
Kumar Doab
(Expert) 13 November 2016
Which contact address you have given in your resignation letter; local or native?
What was your designation and nature of duties?
Did anyone ever wrote to you that your notice of resignation has not been accepted?
You may post the extract from appointment letter on resignation and termination and exit formalities and notice pay in lieu of notice period.
Do you have copy of notice of resignation submitted in system?
Apparently you seem to have built record, and kept everyone informed.
P. Venu
(Expert) 13 November 2016
Your stand in the matter has always been tentative. Unless you take a stand in the matter, it is impossible to give any meaningful suggestion, that too based on mere surmises and conjectures. You are playing hide and seek not only with situations, but with yourself as well.
