Notice period not served
Sameera Rehman
(Querist) 24 February 2013
This query is : Resolved
Dear Sir,
I have three questions to ask in regards to due bonus and recovery letter being issued by my last company towards myself.
I worked with my last company from Feb' 12 till 5th Dec' 12 at a M04 grade. According to my appointment letter i was supposed to serve a 2 months notice before leaving my job. It so happened that due to my boss's unprofessional and impolite behavior i decided to leave the company stating that i need to relocate due to some personal circumstances immediately and therefore can not serve notice period.
However,I did give a call to my HR Manager as she was at another site and told her about everything and all the issues that i was facing with my General Manager due to which i was resigning but did not mention the same in official resignation letter.
My first question is - While i was working, i was given a revenue
target to be achieved till 31st Dec' 12. I achieved that target by 30th Nov' 12. upon achievement of the above i was supposed to receive a bonus of approx 1.5 lac. When i recently asked my HR executive if i would receive this bonus in F&F, she informed me that as i did not serve that notice period and as i am not active with them any more, i will not be paid the bonus. Is this legal or correct on the companies part?
Secondly, the HR has also informed me that they are issuing me a recovery letter for two month's salary as i did not serve the notice period. Is this correct, can a company do so?
I have just gone through my appointment letter, all it says is that they will not pay dues if notice period is not served, it does not say anything about taking action and initiating recovery, the clause in appointment letter is below:-
"In case you decide to leave the services of the company, you will be required to give not less than two month notice in writing & the company may at its sole discretion relieve you of your duties anytime during the notice period, and in that event you will be paid salary up to the last working day.
In case where due to reasons beyond the employees control, the employee is required to give notice less than the notice period, the company may at its sole discretion, relieve the employee of its duties before the completion of the mandatory notice period with or without payment of salary in lieu of such notice period or shortfall therein."
Also, the company is refusing to give me a certificate of employment which would mention my tenure and post i worked at, as i did not serve notice period. Can a company do so?
Please help.
Regards,
Sameera
Guest
(Expert) 24 February 2013
1) About payment of bonus on resignation without notice period in case of achievement of revenue target revenue target, any opinion can be formed only on detailed examination of your terms of appointment and/ or agreement.
2) It is correct that the company can issue a recovery letter for two month's salary in lieu of the notice period, if you have failed to deposit the same at your own, the resignation being at your own.
3) The company waill be at fault, if that does not issue relieving letter and/or experience letter for the service rendered by you.
