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notice period recovery

Querist : Anonymous (Querist) 26 January 2015 This query is : Resolved 
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P. Venu (Expert) 27 January 2015
You have been blowing hot and cold; naturally, the response would be no different.
Guest (Expert) 27 January 2015
A managerial incumbent should not be a fickle-minded person. When you remained indecisive, the management decided at their own not to waive off the notice period.

Even in your whole of the above story, except your feeling, you have not stated what type of help you expect from the experts on this site.
ajay sethi (Expert) 27 January 2015
anonymous query
Guest (Expert) 27 January 2015
Well Explained by Senior Mr.P.S.Dhingra
Querist : Anonymous (Querist) 27 January 2015
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malipeddi jaggarao (Expert) 27 January 2015
Reveal your identity.
Querist : Anonymous (Querist) 27 January 2015
Sorry sir.I am Panchi.
Querist : Anonymous (Querist) 27 January 2015
Hi expert,

Please advise on my issues

regards
Panchi
Guest (Expert) 27 January 2015
None of your three queries pertain to any legal problem, as you are asking the questions, which you should have put to the management and only after getting clarification you could have raised the issue for further advice from the experts here after examination on legal angle.
Querist : Anonymous (Querist) 27 January 2015
Dear Sir,

Management is not responding to my any concerns & i have send them several mails pertaining to this.I want your advise on how to take it forward

regards
Panchi
Guest (Expert) 27 January 2015
If not responding, send legal notice.
Kumar Doab (Expert) 27 January 2015
Has the management confirmed waiver off the notice period by SMS that was subsequent to the phone call?

If yes do you have the SMS?

If No have you recorded such conversation?

You have otherwise minuted the telephonic conversation vide which the management conveyed the waiver of notice period (as per you)! If the management has not contested/denied the happening of such telephonic conversation, your lawyer may claim it as deemed acceptance.....

You have also (as per you) submitted to serve the notice period on seeing the FnF statement showing the adjustment of notice pay.


By adjusting the notice pay in FnF statement the management has thrown the ball in your court and has indicated in enough words that you may obtain the relief from court.....if you want and if you can.

The management might be counting on the communication vide which you have communicated the LWD..............you must understand that this extracted from you by the seasoned personnel in Line management/HR and it is possible that they were acting in unison as per script............





From whatever you have posted it appears that you are a smart guy..........and management has understood it and hence they are not supplying anything to you on written record by means of emails/letters...


You need to spend quality time with your able labor law consultant/Service matters lawyer and give inputs and docs/communications in person to understand the possibilities of cultivating from whatever you have got on your hands......and from the communications it is to be ascertained who has erred :::::You or Management.....

It looks like that management might have made some mistakes......however the lawyer that has examined all docs on record, in person can advise.....





Your lawyer can also opine on jurisdictional courts as per the contract of employment/appointment letter signed by you that may be ::Mumbai/Bangalore/Location of Regd. office of the company......


The management is holding the Experience letter,relieving letter and that is the bait.........


Although you have posted your designation as Dy.Manager your lawyer can opine if you would be covered by various labor laws or not!

You have to decide whether it is worth it to fight legally or not and more importantly whether you have merits or not!


You should also ascertain that :::if you tender recovery of notice pay whether you would be getting service certificate,relieving letter or not, on the spot or even later?

Querist : Anonymous (Querist) 27 January 2015
Thanks experts. Yes I have recorded sms where it is clearly mentioned that I would like to serve notice if not waiver off instead of recovery. Wherein employer is claiming that they have written they may think of waiver off if my medical documents are genuine nd also in every mail they are saying waiver off will b decided on later stage wherein I feel every employee has full rights to know everything very clearly when he or she is active in the system not when he or she inavtive . Where in company policy Its clearly mention tht Under no circunstances no hod nd manager can accept resignation nd reliev an employee if notice period not served.i have been asked to handover on later stage nd not given any clarity on notice period to be serve or not.. .my concern is on notice period part, where from intial stage I was ready to serve... please advise how to take it forward as I already mail them tjat m ready to serve notice as m not working anywhere. Please advise on notice period.
Kumar Doab (Expert) 28 January 2015
You have not replied to even my 1st question!


The further advise can only be given by the lawyer that has examined each communication on record and your inputs in person.


After a point management has stopped the conversations with you............and is unwilling to be in chatting with you.

To proceed further in the matter you should preferably approach an able counsel in person and proceed further under expert advise of your lawyer......


Rest is upto you.
T. Kalaiselvan, Advocate (Expert) 29 January 2015
What about your original post or query, it remains deleted (?), you do not want to pursue with your original post?
Rajendra K Goyal (Expert) 03 February 2015
Query seem to have been removed by anonymous.
Kumar Doab (Expert) 03 February 2015
The querist has removed the posts.


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