Aarib Abraham (Business Development) 20 January 2016

Company will pay for the notice period admissible

Hello Team,

I always get my doubts cleared in this forum and I have an another important question which needs clarification.

I joined a sales company in August and the role involved lot of travelling across India. Everything went well till I asked for reimbursement. There is no defined budget for the travel and we went for meetings as told to us by the company. Now when I claimed for reimbursement I am told that my bills are very high and they will not reimburse. They are doing the same to other sales professionals as well. I received an email today morning that my last day with the company will be 31st of January and I am surprised to receive it. I personally don't feel like continuing because they haven't given me reimbursement since October and the amount is close to 80,000 which I have paid from my pocket.

The offer letter states the following:

1. The retirement age of the Company is 58 years. At the time formally resigning from service you shall serve the 60 days notice period.
2. When you formally resign from the service of the Company, the Company may at its discretion, permit you to.
a. Adjust the vacation accumulated toward part of the notice period
b. Pay up for the notice period in lieu there of
c. If your services are terminated by the Company due to misdemeanor, unsatisfactory performance or any other disciplinary matter the Company will pay your salary for the notice period admissible.

I want to know since I am asked to leave the company on a certain date, will the company pay me for the current month + extra 60 days as thats the notice period if we formally resign. I also want to take all my money from that company.

Please help me with regards to the above question. Thanks very much.

Regards,

Aarib Abraham

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9 Replies

Adv. Yogen Kakade (+ 91 9225510883) 20 January 2016

Hi,

As per the decided terms the company has to pay you the amount for the notice period. and even you can claim the reimbursement. If the company denies to act accordingly then send a legal notice to the company.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888

Kumar Doab (FIN) 20 January 2016

As per appointment letter/contract of employment whatever signed by you: What is the notice period admissible if the company has initiated termination?

The notice period applicable to designation/position may be a per various enactments applicable to employee/establishment and may not neccessarily be 60days as in your case.

The T&C in the contract of employment should be equitable or it can easily be termed arbitrary.

Since company has initiated termination it has to tender the payment of short notice period. (assuming that notice period for company is also 60days).

You may not resign by resignation with immediate effect or your dues can be squared off by adjustment of notice pay.

You may tender notice of resignation of 60days by post and attach the copy with email.

Let the compay accept it before LWD given by you (60 days from date of notice).

If no policy, celing for tour expenses is given then it should be actuals.

Hope you have the acknowledgment of tour bills.

If you are unable to handle the situation lean on your able labor law consultant.

Aarib Abraham (Business Development) 21 January 2016

Hello,

Thank you Jurycon and Kumar.

I received an email stating that they will give me this months salary and reimbursement will be given in F&F. I am worried if they play around with my reimbursment as all the bills are with them. How many days will a F&F takes?

Please help.

Regards,

Aarib Abraham

Kumar Doab (FIN) 21 January 2016

You have not replied to all points, pointwise. Hope you have the acknowledgment and copies of bills submitted by you. Why the company has written to pay the salary of this month only? What is the notice period for employer if company has initiated termination? If you are unable to handle the situation lean on your able labor law consultant.

Aarib Abraham (Business Development) 09 February 2016

Hello Team,

I was told that I will get my salary for the last month but still didn't receive any salary. The MD is not responding to my messages and I have a proof from the accounts team that I will get the salary. I emailed the accounts team and they told me that the money will be credited but he is not giving any time frame which is making me tense. He is saying this since 1st of Feb and today is the 9th of Feb. Also I am worried about my FnF as well as reimbursement.

Please suggest what should I do now.

Regards,

Aarib Abraham

Kumar Doab (FIN) 09 February 2016

You have not replied to all points, pointwise.

Telling,saying,asking are all verbal mode of communications and difficult to prove.

Record everything.

Submit regular reminders under proper acknowledgment.

The day for payment of salary (even FnF) is max. usual/fixed pay day.

If you are unable to handle the situation entrust the matter to your able labor law consultant.

Kumar Doab (FIN) 10 February 2016

The query has been repeated in another thread.

You have not replied to all points, pointwise.

Aarib Abraham (Business Development) 01 April 2016

Hello,

I got a email from the HR stating that the FnF will be cleared by 25th of March. I emailed the HR called him, sent him sms and whatsapp message after 25th March but to no avail.

The HR sent an email to me on 29th March stating my reimbursement amount which was way less than the actuals and he denies receving the other two bills. (Out of three bills he calculated only 1 bills and other two he claims to not received it wherein he communicated receiving all the bills earlier).

I have a confirmation with the ref number from the courier that the bills were delivered to him. He is asking me to produce the bills again which is way difficult as originals were already sent and I didn't keep any back up as I never sensed something like this would happen.

After 29th March, they stopped responding again and now I don't know what should I do to tackle this as I think they are playing around me. Also they still did not produce my salary slip, experience letter, FnF, Form 16 (tax deduction) and PF form. Its been 2 monts now.

Please guide me.

Regards,

Aarib

Kumar Doab (FIN) 01 April 2016

You have not been replying to all points.

The POD and email acknowledgment wirth you should suffice.

The query inititaed by you has been responded and now the matter at your hands is to be resolved by you by applying your own skills, or entrust to employee's/trade union eladers, an able labor Law Consultant.

You have not been replying to all points.

The POD and email acknowledgment wirth you should suffice.

The query initiated by you has been responded and now the matter at your hands is to be resolved by you by applying your own skills, or entrust to employee's/trade union eladers, an able labor Law Consultant.