raju (NA) 22 May 2014

Company not permitting notice pay

Dear Experts,

As per my offer letter - "If you resign from your position at the firm, you are required to provide written notice of resignation, to your manager and HR Advisor as per your notice period or a payment in lieu of notice period, if permitted by the firm. This notice period will apply unless you are required to provide a longer period of notice under any applicable policy or agreement with the firm"

I had joined the MNC four months back and I am still under probation. As per their policy, employees under probation have to serve 2 months notice period. Due to some personal problems I am not able to complete the notice period. On completion of 1 month of notice period i informed my manager that I will only be able to serve two more weeks of notice period and I am ready to payoff the rest 3 weeks as per their company policy. But they have refused that option. They are now forcing me to complete the notice period under any circumstance, or else provide valid proof for not completing it. They threatened of sending legal letter to my residence. Now I am NOT under the obligation to produce my relieving letter to my next employer (completely difference sector) since the gap will be just four months. My manager threatened me that I will be terminated from my services if I do not complete the notice period, which again will not cause big problems to me. I feel very harassed and humiliated at the hands of the company for leaving within 4 months of joining and I do not want to join back.

Please advise if they can constitute legal action against me for this. I was replying to their messages citing health reasons for absence till now but their approach is turning negative with every reply. Should I just stop replying to their messages?

Thanks

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1 Replies

Kumar Doab (FIN) 22 May 2014

Record all threats, meetings (audio/visual) for use if required at appropriate time in appropriate forum.

If you proceed carefully you shall be able to defend your interest.

>>> The notice period in probation period may be NIL in your case.

>>> The notice period/pay that is part of service conditions is NOT dependent upon the T&C inserted by employer in appointment letter drafted by employer, alone!

The service conditions are stated in and governed by Standing Orders applicable to the establishment (Certified/Model) and extended to the designation of employee, ( Name of the State) Shops and Commercial Establishments Act…………….and various enactments applicable to the establishment.

The notice period of 60 days may not be necessarily applicable in your case.
THERE ARE MANY THREADS ON SIMILAR QUERIES THAT YOU MAY FIND RELEVANT AND YOU CAN DOWNLOAD JUDGMENTS BY SUPREME COURT AND FULL BENCH THAT AWARDS FINALITY TO THE MATTER………………. E.G.:

https://www.lawyersclubindia.com/forum/Whether-notice-period-has-to-be-given-during-probation-91808.asp#.UwDFP0eBmXU

{---- Neither Agreement nor and appointment letter can override the standing orders. }

https://www.lawyersclubindia.com/forum/details.asp?mod_id=85821&offset=1#.Uf4_JNKAqWM

https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U3t7pkeBmXV

https://www.lawyersclubindia.com/experts/Joining-without-relieving-letter-from-previous-company-472656.asp#.U3t4bkeBmXU

https://www.lawyersclubindia.com/forum/Notice-period-102337.asp#.U3dUvUeBmXU

https://www.lawyersclubindia.com/forum/Salary-issue-102041.asp#.U3dVbEeBmXU

https://www.lawyersclubindia.com/experts/Not-service-3-months-notice-period-in-a-pvt-ltd-company-473341.asp#.U32rL0eBmXV

https://www.lawyersclubindia.com/forum/Co-not-agree-for-full-final-settlement-with-gratuity-102541.asp#.U32lwkeBmXU

https://www.lawyersclubindia.com/forum/Regarding-experience-certificate-102481.asp#.U32tv0eBmXU

You should be able to get enough material from these threads to decide your future course of action.

It is strongly recommended that you should approach a competent and experiment labor consultant/service lawyer at your location and spend quality time with your lawyer and proceed further under expert guidance of your lawyer.

>>>Designation alone does not decide that employee shall be covered as ‘Workman’ as in ID Act, ‘Employee’ as in Shops and Commercial Establishments Act .

Your Labor Consultant/service lawyer may ask you a set of structured questions and may opine that you are covered, and that you can raise a dispute NOW.

>>> Trade Unions like CITU,INTUC,AITUC,BMS………….are more than willing to embrace the employees from all trades.

United employees can rake up any issue with Govt. Employee’s is a big community and huge vote bank that NO party/Govt can ignore.

The unions can help to form 'Works Committee' in company. It is an authority under ID Act.The Chairman is from employees/employer on rotation and committee has equal number of members from employees.

The Industrial Disputes Act, 1947: CHAPTER II: AUTHORITIES UNDER THIS ACT

3. Works Committee

The unions can negotiate service conditions and standing orders shall be certified only after parleys with employees representatives/unions.

For the present issues, exploitation that employees in IT/ITeS/BPO/KPO sector's face Pan India the employees unions affilliated with Trade Unions is immediate need of hour and is also a perfect solution.

Are you aware that employers in your trade have formed their unions?

Then why don't employees unite?

Unions are very active and strong and formidable.