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Opinion required

Page no : 2

Vaibhav Rao (NA)     16 April 2014

The mails recieved so far sate the following points:-

1. " we have recieved a sytem notifiation stating your dues towards notice period recovery"- 3 months after exit

2. "Provide a date by which you will be able to clear the dues failing which legal actin will be initiated"

3.After a telecon with HR pointing out that the clearance forms are well in place he asked me to  give a single line mail that i am not in position to pay the notice period due to poor finances with a motive to boomerang me.

In all the mails he has not kept his Head Office Reporting Manager in Loop fearing his fault would be highlighted

Regards

Kumar Doab (FIN)     16 April 2014

He is certainly facing an issue, which is why he is chasing you without keeping his boss in loop.

If you are unwilling to tender notice pay then you may submit a clear reply in writing.

Notice period can be waived off.

If you prefer a verbal communication then one day he may have to refer to legal cell.

If you receive a notice you can reply FNF a/c as decided and firmed up in office has been settled.

The notice period/pay is part of service conditions and is stated in standing orders (Certified/Model) applicable to the company and extended to the designation of employee, which have statutory force and being instrument of law shall always prevail upon any private agreement that employer might have signed with employee e.g......................................appointment letter/contract of appointment/service agreement/bond etc........................

 

The employer (owner/MD etc) is personally held responsible for faithful observance of standing orders.

 

The notice period/pay is also stated in Shops and Commercial Establishments Act of the state and applicable to the establishment.

 

 

It is not more than 1 month in these enactments.           

 

If you are covered by these enactments then you may have another avenue for relief.

 

Approach your lawyer.

Sudhir Kumar, Advocate (Advocate)     16 April 2014

as far as PF is concerned, it cannot bewithheld even if there are any dues.

Sudhir Kumar, Advocate (Advocate)     16 April 2014

regarding other dues you submit complaint to Labour Commissioner

Vaibhav Rao (NA)     16 April 2014

Thanks a lot Mr sudhir and mr doab Your opinions have reinforced my thoughts I ll pursue it in the same manner If need be , will get in touch again Thanks again

Vaibhav Rao (NA)     16 April 2014

Thanks a lot Mr sudhir and mr doab Your opinions have reinforced my thoughts I ll pursue it in the same manner If need be , will get in touch again Thanks again

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