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Jugal Shah   27 August 2020

Company provide experience but its threats letter

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) but after lots of request i get letter from company please check attached image and suggest what action we need to required? 

 

Please help me as soon as possible. 



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 10 Replies

Ritesh Maity (Labour Law Advocate)     28 August 2020

Please clarify what is the notice period as mentioned in your letter of appointment? Whether is it 45 days or 60 days?

If it is 60 days and you have only served the notice period of 15 days, the company has rightly deducted salary to the equivalent amount for unserved notice period of 45 days. Company has rightly deducted the sum. 

However, since the company has already penalised you by deducting 45 days salary as unserved notice period, there is hardly any scope for the company to take any further legal action against you on this particular issue of served notice period.

 

Jugal Shah   28 August 2020

Hello,

Actuall notice period was 60days but they offer me to serve 45days but i have served 15 days only but rest 45days pay they deducted from my salary. So is there way to get correct letter from company? 

Ritesh Maity (Labour Law Advocate)     28 August 2020

Since the actual notice pay was for 60 days ( I assume that in terms of letter of appointment) did they offer you in writing to serve for 45 days notice period.

If there is anything in writing which says that company has accepted to release you after serving notice period of 45 days in stead of 60 days as incorporated in the letter of appointment, then you have some merit in your case. Otherwise you don't. 

 

Jugal Shah   28 August 2020

Sir please find attached letter in my 1st post which say they are accept my resignation but its will against company HR policy

Ritesh Maity (Labour Law Advocate)     28 August 2020

I have seen that. They have accepted it without you serving the notice period. So what is your exact query now?

Jugal Shah   28 August 2020

My query is there are any ways to get proper experience letter from company with any legal way? because this letter will impact when i change the job in future.

Ritesh Maity (Labour Law Advocate)     28 August 2020

Originally posted by : Jugal Shah
My query is there are any ways to get proper experience letter from company with any legal way? because this letter will impact when i change the job in future.

In my opinion there is no legal way to get a so called "proper experience letter". You may, however, talk and personally convince the HR to reissue a fresh letter stating your inconvenience.  

Jugal Shah   28 August 2020

Ok thank you so much sir for your time and response

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     28 August 2020

Relieving letter is required to submit to the next employer. So talk to the HR  people and get the work done positively.

Jugal Shah   28 August 2020

I have tried so many time with politely and positively from since last 6 month and yesterday i get this attached latter 


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