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Kiran kapoor   15 July 2017

Employer claiming 2 months notice pay and denying rel letter

Hi, My notice period when I resigned was 3 months. However, I had asked for an early relieving of 1 month after resignation date. My employer agreed to reduce notice period by 1 month only and issued a letter to me that my contractual end date and last working day would be 2 months after my resignation date. However, during my conversation with management, my director had also given me threats of dismissal. I was very much concerned and since I did not have much responsibilities at work, I approached the MD for early reliving. He agreed to cut my notice period to 1 month after resignation date. In accordance with this, HR issued another letter to me stating my last day of working and last day of employment both to be 1 month after resignation date. I served till this date, completed all exit formalities and left. Now, the employer has sent me FNF in which they are asking me to pay 2 months notice pay , have withheld my final salary and not giving releiving letter after repeated reminders.


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 21 Replies

Ms.Usha Kapoor (CEO)     15 July 2017

After issuing due notice to the managent requesting them  to consider your resignation, you rservingof notice period of 1 month etc you demand your finl salary AND RELEIVING ORDERS FROM  THEMANAGMENT. iD FYOU DON'T GET  AREPLY OR SATISFACTORY REPPLY WIHIN 10 DAYS FILE  A CASe IN LABOUR COURT MENTIONING THE ABOVE ALLEGATIONS AGAINST THE MANAGMENT.Its nothing but unfair labor practice on the part of management.

1 Like

(Guest)

if you have met all the formalities and conditions of relieving and sitll made go through this, you can very well approach a LABOUR COURT.

Kiran kapoor   15 July 2017

Will it take quite long to get the dues and service documents through labour court.. also, is everyone entitled to approach labour court or is it applicable only for people who earn wages below a certain level?

Law Aspire (Legal)     15 July 2017

Originally posted by : Ms.Usha Kapoor
After issuing due notice to the managent requesting them  to consider your resignation, you rservingof notice period of 1 month etc you demand your finl salary AND RELEIVING ORDERS FROM  THEMANAGMENT. iD FYOU DON'T GET  AREPLY OR SATISFACTORY REPPLY WIHIN 10 DAYS FILE  A CASe IN LABOUR COURT MENTIONING THE ABOVE ALLEGATIONS AGAINST THE MANAGMENT.Its nothing but unfair labor practice on the part of management.

But Some times what happend the Employer  also makes False allegation against the employee , just to threated him , In that Case what needs to be done 

In Labour Court the matters go on stretching and no final results are received within Time 

Kumar Doab (FIN)     15 July 2017

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all years, ESIC card, Form16, acknowledgment of handover of charge/assets, NOC/NDC etc etc, acceptance of notice of resignation/final resignation?

 

 

 

 

 

Kumar Doab (FIN)     15 July 2017

Can you attach the copy of appointment letter, notice of resignation tendered by you,1st letter issued to you reducing the notice period by 1 month, 2nd letter issued to you reducing the notice period by another 1 month, FnF statement...

 

You may erase the names,logo etc to maintain the confidentiality.

 

Kumar Doab (FIN)     15 July 2017

What is good in your posts is that you approached 1st authority then 2nd authority i.e. MD and got waiver of notice period.

You may apply your skills and get waiver properly inserted in FnF sttaement/settlement and get a copy fo correct FnF statement.

 

The notice period of 90days may not be neccessarily applicable in your case.

Reply pointwise to all points.

 

 

Kumar Doab (FIN)     15 July 2017

Designation and wages alone does not decide if employee shall be covered as 'Workman' as in ID Act or not......................

Kumar Doab (FIN)     15 July 2017

-------------------Deleted---------due to error------

P. Venu (Advocate)     15 July 2017

You may serve a Notice on the Employer to honour their commitments.

Kumar Doab (FIN)     15 July 2017

Probably attornies of employer in HR/Director are not in your favor... 

Or 

On your specific request notice period has been reduced with recovery of notice pay...

 

The language as in docs can clarify.

 

 

Kumar Doab (FIN)     15 July 2017

It is very much possible that even if notice period of 90days is inserted in appointment letter it is not applicable in your case.

Reply pointwise to all points.

If you have apprehensions visit a very able local senior counsel of unshakable repute and integrity specializing in Labor/service matters for a considered opinion.

Rakesh Kumar   15 July 2017

My mother is working on Tamilnadu government aided school in 7 year . Her get the salary 3000.Rs per month for 7 years . Now they are toucher to work they gave a experience letter also wrongly typed her name .they doesn't interest to give a experience letter.if I file a case without salary increment without posting she worked 7 yrs in government school how to file a complaint.

(Guest)

Dear Rakesh, Please post your question seperately (not in this thread). Experts would then reply to your answer quickly

Regards


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