Notice period
RITESH
(Querist) 24 February 2012
This query is : Resolved
Dear Team,
I am working in one of indian finance companies.i have been working here for last 1 yrs.but because of continous mental harassment by my supervisor i was forced to submit my resignation .the issue is as per companies contratc it says 3 months notice period/ 3 months salary on either part.
I had given my resignation on 4 th feb 2012 saying that i will be servicing my full three months notice period since i dont have a job in hand.but now my supervisor is saying that he will relieve me immeediately or he wants me transfer somewhere else.
can he do so also can i go for mental harassment case as i have been in severe stress situation from last 20 days .
Shailesh Kr. Shah
(Expert) 24 February 2012
Since, you supervisor is ready to relieve you immediately, take this opportunity now. and also advisable to avoid mental harassment case and search new job.
However, if you are willing to punish him through law, you have to disclose here all facts relating to mental harassment for further guidance.
Guest
(Expert) 24 February 2012
You need not change the notice period at your own if you have already mentioned the period as three months in your resignation letter. If your supervisor desires to relieve you with immediate effect, let him do so at his own accord. In that case the company can, rather, be made liable to pay compensation to you for the period by which the company would relieve you earlier, provided there is no such clause to the contrary in your offer cum appointment letter.
RITESH
(Querist) 24 February 2012
Hi Mr.Dhingra,
The issue is they are not going to pay me for the three months just relieve me.
can i make them liable for paying ??
Deepak Nair
(Expert) 24 February 2012
Yes.
It is your employer who want to release you. In that case, you can claim the notice pay for whatever time remaining out of the notice period of 3 months.
Kirti Kar Tripathi
(Expert) 24 February 2012
Notice period in contract of service, no doubt is bonding upon the parties. But to recover the amount under notice pay is very difficult as the person claiming amount has to file Civil Suit, for which he has to pay huge amount as court fee, further It takes a considerable period. In the present case, since you have given a notice under the contract, do not withdraw the same. In this circumstance the compliance from your side would be completed. On the other hand, if employers, relives you during this period, your claim for salary of remaining period will still survive. Which you can claim within three years of acceptance and relieaving.
Guest
(Expert) 24 February 2012
You should not expect them to pay you so easily for the remaining period before you are relieved. Let them relieve you first and ask them after that to pay the amount due for the remaining period. If they fail to agree to your request, you should compel them to pay through court of law by filing a case against the company.
Raj Kumar Makkad
(Expert) 24 February 2012
I have no other reply than already offered by various experts in the same tone.
ajay sethi
(Expert) 24 February 2012
Well advised by dhingraji
V R SHROFF
(Expert) 24 February 2012
Ritesh, Are you money crazy?
If you are relieved, you are relieved of continuous mental harassment.
You are bound to get salary for the days worked
Balance is 2 months, and you can work anywhere else.
One must not do a job that he dislike.
So go out. You are interested to resign, not they.
Good they are relieving you at their earliest. So less suffering.
If you are interested in Money, continue till all 3 months or 3 years also??
Happiness is more important than money. Have peace of mind.
Deepak Nair
(Expert) 25 February 2012
Well advised by Shroff Sir.
prabhakar singh
(Expert) 25 February 2012
IN THE CIRCUMSTANCES STATED IF THEY RELIEVE
YOU EARLY THEY ARE LIABLE TO PAY YOU THREE MONTHS SALARY.
YOU HAVE DONE YOUR PART OF THE JOB .NOW LET THEM DO WHAT THEY WANT TO DO.THEY SHALL NOT PAY IS CLEAR AND THAT CAN BE REALIZED ONLY THROUGH COURT OF LAW.
RITESH
(Querist) 25 February 2012
Dear dhingra sir,
my supervisor is asking me to come to mumbai and serve the remaining time of notice period there or take immediate reliving.
can he transfer me in notice period as it wld be very difficult for me to shift my whole family as my daughters session is going .
RITESH
(Querist) 25 February 2012
Dear shroff sir,
i m not money crazy but dont u think we shld teach them a lesson as this has become common practice in finance companies nowadays.
supervisors verbally abuse and easily get away with that
even hr doesnt interfere and ask u to sort out matters with u r boss only
prabhakar singh
(Expert) 25 February 2012
Dear Author Ritesh !
I understand your concerns over things reacted by you.
I also understand you are hurt in the circumstances.
Mr. Shroff wanted to charge you with positive energy by his such remark as you stated to be depressed and I see it has worked on you.He is senior and experienced knows how to coup your depression hence thank him twice, as a true doctor and a true lawyer does address this aspect and he did so.
Guest
(Expert) 25 February 2012
Dear Ritesh,
Transfer, of course, is considered as a condition of service and the employee can be transferred any time in the exigency of service.
However, you can try to get a stay order on the plea of having already submitted your resignation notice and the malafide intention of the supervisor just to harass you during the notice period as no interest of your company is likely be served during the short period of resignation notice, if you are transferred by the company.
prabhakar singh
(Expert) 25 February 2012
Dear Author Ritesh !
Either decide to litigate or think of another employment.Resolving issues via court route is not that easy as it ruins years of a life.
Better get a buyer of your actionable claim.
V R SHROFF
(Expert) 25 February 2012
Thanks Prabhakarji, as you are well experienced understand better.
Ritesh , being young do not understand the value of peace of mind.
Ritesh has no remedy for harassment, as it is a part of his duty, for which he is paid. It is impossible to prove it too. He cannot get any compensation for that.
Fight with employer is no joke.no chance to gain anything except increases further tension, appear in court, while on job at another employer, who will have adverse opinion for Ritesh, expenses for Litigation."Tarikh pe tarikh" sit for whole day in court, travel to court in rain and hot sun, pay advocate & get bonus, harassment at his own cost !!
Now decide Ritesh , what will you prefer
