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Jugal Shah   06 June 2020

company not ready for buyout notice period and cut rest of the notice period amount from my last salary (basic salary)

Hello,

I was resigned in KPO. And served only 15 days notice period instead of 45day(actually 60 days as per HR policy).

HR accept my resignation and said that it will be noncompliance to HR Policy.

I offered him that i am ready to buyout for rest of the notice period but they said we won't provide that kind of facility to employees you have to serve 45days notice period. But when i received last month salary i saw that company cut my rest of the 45 days salary (as per basic salary calculation) and still they are not ready to provide me any letters.

Its almost 3 month complete but they are not ready to give any option to get letter.

Please suggest me that if company not ready for payout its a legal?.

In this situation should i go to labor Court and file against company?

Please help and reply as soon as possible.


Learning

 8 Replies

K P KRISSHNAN (ADVOCATE (TAXES))     06 June 2020

politely you may take with HR and the management it will solve easily with benefits too

Jugal Shah   06 June 2020

Thanks for your reply I tried so many time since last 4 month.

KISHAN DUTT KALASKAR (Advocate)     07 June 2020

Approach the Labor Commissioner under the following provision of law 

==============================================================================

Section 12 in The Industrial Disputes Act, 1947

12. Duties of conciliation officers.-

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

 

Jugal Shah   13 June 2020

Thanks sir

Ritesh Maity (Labour Law Advocate)     14 June 2020

Originally posted by : Jugal Shah
Hello, I was resigned in KPO. And served only 15 days notice period instead of 45day(actually 60 days as per HR policy). HR accept my resignation and said that it will be noncompliance to HR Policy. I offered him that i am ready to buyout for rest of the notice period but they said we won't provide that kind of facility to employees you have to serve 45days notice period. But when i received last month salary i saw that company cut my rest of the 45 days salary (as per basic salary calculation) and still they are not ready to provide me any letters. Did you actually worked during that 45 days? And what kind of letters are you expecting? Its almost 3 month complete but they are not ready to give any option to get letter. Please suggest me that if company not ready for payout its a legal?. In this situation should i go to labor Court and file against company?Please help and reply as soon as possible.

Please give a proper reply so that further suggestions can be given to you.

Jugal Shah   14 June 2020

Out of 60 days i worked only 15 days.and also company accepted my resignation but not provide me a experience letter and confirmation letter.

Ritesh Maity (Labour Law Advocate)     14 June 2020

If your notice period is 60 days and you have only served 15 days, then company has rightly deducted/ adjusted 45 days salary. So where is the wrong here?

Pursue with the HR and try to convince him to issue those letters. In my opinon, there is no provision under law to compel a manamgent to issue experience certificate. However, before your present employer, you may show the appoitment letter and resignation letter to establish the tenure of your service.

Jugal Shah   14 June 2020

Thanks for your reply but they deduct my rest of the 45days notice period salary in this scenario should i eligible for letter??

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