notice period salary disbursal by the employee


Hi All,

I am facing some issues in my professional commitments, and am looking forward to get some suggestions from the experienced members in this group.

 

 

Below provided is the clause related to the notice period in my organization. Here the minimum period mentioned is 1 month.

 

 

 

 

Whereas the company reserves the right to request service of notice or pay salary in lieu of, your notice period waiver or payment in lieu will be at the sole discretion of the Company, but in no event will be less than the minimum period required by applicable law

Also given below an excerpt from the resignation letter that I had provided.

Would request you to do the needful to arrange for a smooth transition of information(Knowledge Transfer, if and whatever needed), and subsequently release from the company as per norms (hopefully the release date should not be later than 22nd March-23rd March, 2011)

This resignation letter was put forward on 22nd Feb, 2011.

After this, I was released on 23rd Feb without my consent, and it might turn out that I would not get the salary for the notice period, as well as the yearly bonus(which is a huge amount) which I should have got if I was there in the organization till 25th Feb(as that is the salary day). As suggested in one of the previous sections in the mail, I never asked for an earlier release. Its also evident that to deprive me of the bonus might also be a reason for releasing me early.

So, please suggest me on the below topics:-

1. As per the norms, if I understand correctly, they should pay me the proper dues i.e. the salary for the notice period which I was willing to serve. Am I correct?

2. I should also be entitled to receive the bonus (which was supposed to be disbursed on a date within the notice period I had agreed to serve), as the amount had been declared, and they have tactically released me.
 
 

Would wait for your response on this. Also please suggest, if I am correct, what am I advised to do going forward, so that I can get what (and if) I deserve.

Thanks,

Utopian

 
Reply   
 
lawyer

yes, you are right.


Total likes : 1 times

 
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Sorry..the Subject should have been "Notice-Period-Salary-Disbursal-By-the-Employer" instead of Employee

 
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Hi Kirti,

Can you please let me know if I am entitled to both the salary and bonus, in the above-mentioned scenario.

Can you please suggest me what should be my action item, going forward. Would you advise me to consult a lawyer and take legal recourse on this issue?

Thank you for the earlier response.

Regards,

Sanjay 

 
Reply   
 
lawyer

yes, you are entitled for salary and bonus both. At present, you just demand the both items. question of legal recourse will aries only thereafter.

 
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Hi Kirti,

When you are advising me to demand both the items, should I do it via e-mail?

I was just wondering, what should I do if they deny to pay?

Would appreciate your suggestions on the same.

Also looking forward to, if someone has different views on the same issue.

Thanks,

Sanjay

 

 

 

 

 
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LEGAL COUNSEL

Preferable to send a written letter, setting out the facts, addressed to the CEO/Managing Director and copy to HR. Send out this letter by Speed Post with POD and request for closure of your grievance within a month. 

In case you dont get a response after a month, alternate remedy is availabe before the labour authorities under the Shops & Establshment Act.

vasudevan

 
Reply   
 
lawyer

yes, you can demad by E mail, but it would be better to demand through registered and/or speed post also. In case, your employer deny or makes no responce, in that event, you have to take legal recourse, the same will depond on the nature of job and position, you held.

 
Reply   
 

Hi Vasudevan,

Really appreciate your time and suggestion. Just wanted to know whether you too are on the same page with Kirti on the fact that, I am entitled to both salary and bonus. 

Also, if you have some time, can you provide me with the remedy statement i.e. Shop and Establishment Act, if it is available online somewhere. Alternatively I too would search for the same.

Kirti,

Can you please throw some light on how it might depend on the nature of job and position I held? Actually the conditions mentioned in the Offer Letter, is something what I have already mentioned. So wondering how would the other two be a factor in decision-making.

But .. REALLY HEARTILY APPRECIATE all your suggestions. Thanks a lot.

 
Reply   
 
LEGAL COUNSEL

Yes. I concur with the points of views expressed by Adv.Kirti. For precise remedy under the S&E Act, you need to provide a brief on your nature of job, the industry you work for, its head quarters/your location details.

vasudevan

 
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