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Kranthi (Team Lead)     02 October 2013

Serving notice period and still have to pay the company?

Hi All,

I am working in a corporate office for the last 3 years, I have resigned from the company on 13th August and the resignation was accepted on the 27th of October, and to add the HR of the process is harassing me to pay the sum of 1,67,000 as I am leaving between my contract, they confirmed that October 11th will be my last working day and I need to pay the amount if I want the reliving letter. Please let me know if there is anything I can do to get my reliving letter. I do have emails from the HR and the manager asking for the money. Also I tried to take back my resignation as I am not in a position to pay that huge amount, which was not considered as an option, they did explain that they do not want me to work anymore and they will not let me work till the end of my contract. Please advise what can I do to get out of this situation, I am being bullied and harassed by the HR asking me to travel from one office to the other just for the sake of discussion and asks me to leave and will let me know a day and this kept going for the last few days. please help. 

Regards,

Kranthi



Learning

 1 Replies

Kumar Doab (FIN)     04 October 2013

 

The line managers or HR are not your employer. They are just another employee in the company.

 

 

If you are troubled and perturbed to that extent you should address your representations to the good offices of the appointing authority, MD, Company Secretary…………..by letter thru redg. post.

 Remain amiable, gentle and build favorable written record.

You have posted that:

------“HR of the process is harassing me to pay the sum of 1,67,000 as I am leaving between my contract”

Did you sign any contract? Do the T&C of the contract apply to you in addition to the T&C of appointment letter accepted by you?

Did the company provide you the duly signed copies of appointment letter, contract?

The contract was signed in lieu of which special favor by company to you e.g. some training? Did the company incur any expense on you to provide some training that added to some extra ordinary skills or qualification?

If company has not incurred any such expense the demand of the company asking for payment of monies/liquidated damages may be termed unreasonable and void.

---------“the resignation was accepted on the 27th of October’

“they confirmed that October 11th will be my last working day’

There seems to be some error. If you have worked up to 27th October that should be your last day in office and wages should be paid up to this date.

 

11th and 27th October are yet to come in this year of 2013.

---------“Also I tried to take back my resignation ‘

Employee can withdraw the resignation in writing and does not need any permission for it.

 

If you want to withdraw you can.

---------“they did explain that they do not want me to work anymore and they will not let me work till the end of my contract. ‘

They are no one to either decide or state………………..

The good offices or any other competent official empowered by the board can state and communicate……………………….

If the company has decided not to let you till the last day of some contract signed by you, it can terminate the contract and/or employment.

Would you be comfortable with order of termination?

If the order of termination is bad you can contest it………………………..!!!

 

-----------“ I am being bullied and harassed by the HR asking me to travel from one office to the other just for the sake of discussion and asks me to leave and will let me know a day and this kept going for the last few days.”

Each day mark your attendance and keep copies of all relevant documents.

Submit minutes of all discussions and presentations.

Why are you seeking verbal advice and resorting to verbal transactions which shall not be on record.

Approach ‘Works Committee’, Grievance Redressal Committee, Good Offices in the company , Trade Unions, lawyer/law firm, O/o labor commissioner, Inspector under Shops and commercial Act………………..

In the meantime you may go thru the attachments and may find these useful.

You may show the job advertisement, job application, interview call letter, selection letter, offer letter, appointment letter, standing orders applicable to the company and extended to your designation, service agreement, contract, resignation, letter/notice by the company,………………… etc to your labor consultant/service lawyer……………….and proceed under the expert advise of your lawyer.

 

The lawyer that has seen your docs and has analyzed your inputs can advise you the best,.


Attached File : 778171048 417759075 validity of employment bonds.pdf, 778171048 background paper.pdf downloaded: 101 times

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