Short fall notice

Employees should always transact with employer in writing under acknowledgment.

You have posted that:

--“which am not Knowing before and also not mentioned in my Offer letter or Appointment letter”

Has the company issued any circular/corrigendum on change in notice period/pay clause and was it accepted by you? If no it should not apply to you.  

Now you may submit a carefully structured representation to good offices of your appointing authority, MD, CEO, Company Secretary that on dated………and dated…{ narrate all previous representations in person/by phone/email etc with date/phone number mentioning name of HR personnel/designation/address and minutes of discussion}you have been told verbally that you have to tender notice pay which is not a condition in offer letter dated……….and appointment letter dated………issued to you and accepted by you. You may demand that the said demand made verbally be withdrawn in writing with a copy to you by redg. post.

 --“ After I discuss with HR for continuing my service their but they are not agree.”

If you want to you should withdraw your resignation in writing by letter addressed to your appointing authority, MD, under acknowledgment.

The very purpose of notice period is that employer is able to do orderly transition, install replacement, complete exit formalities, and employee is able to firm up his future venture and help the employer to complete the exit formalities.

If you have tendered some notice { as mentioned by you } you have done good to your employer and have displayed character by not causing abrupt termination.

Another point is that an employee has the right to withdraw his resignation before it becomes effective.

Nand Keshwar Prasad vs Indian Farmers Fertilizers ... on 1 April, 1998

Supreme Court of India

11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this Court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective.”

You shall find reference of many other pertinent and useful judgments cited in this decision by honorable SC.

---“ They tell me to arrange the money and come.My certificates and 15Days salary they hold,“

Which certificates company is holding?

In case you separate company should supply you acceptance of resignation, FNF statement/settlement, work experience/service certificate, Form 16, relieving letter, PF number, PF account slip, attested copies of PF withdrawal/transfer forms for submission to PF office by you { you may submit the forms}, NOC/NDC etc

The bone of contention seems to be FNF settlement. If this is the only leftover part of the incidence you may apply your reasoning/persuasion/persistence/negotiation skills with HR and obtain FNF settlement and documents and close the matter here. Litigation can be stressful for some employees. Litigation takes time.

Kindly note that HR may not provide any relief to you until you have a handle on company, as HR has to serve its masters, who might have issued verbal or written instructions. So you may escalate to good offices under acknowledgment and try and meet them and convince them.

If good offices also do not provide any relief you may proceed as deemed fit at your end.

You may consult elders in the family, competent and experienced well wishers, lawyer law firm and fine tune your representations as suitable to you.

In a given situation employee can approach trade union, and/or invoke the provisions of ID Act, IESO Act, Payment of Wages Act, SE Act as per explanation of employee under the provisions of these enactments or approach civil court. Designation alone does not decide that employee is a workman or not.

It shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents salary slips emails etc and give inputs in person and proceed under expert advice of your lawyer. Your lawyer shall evaluate the merits and may opine that you fall within the category of workman.

Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum. Company may yield to your demands during conciliation proceedings in o/o ALC or the ALC shall issue reference to Labor Court.

You may request good offices to allow you to examine your personnel file being maintained in HO.

Valuable advice of learned experts/members is sought.

well explained

As i mentioned above my Certificates(My Acadamic and school certificates) are holded by company.

Any company have rights to hold certificates...?

How can i approach my company about this...?

Original certificates may be taken for verification of copies.

Your certificates are your property. Company can not hold these for an year or for an indefinite period. Company can not blackmail you. Company can not have any lien on your certificates. It is believed that you have not signed any agreement that company shall retain your certificates.

Has the company issue any acknowledgment of certificates having been received from you? If no what evidence or witness you have.

You may arrange for a meeting and record {audio/visual and keep evidence/witness and you alone shall have to arrange for it. Mobile comes handy} the demand of money being made to you for returning the certificates.

You may demand in writing from good offices that your certificates should be returned to you in office in person to you within say 7 days and these should not be soiled, damaged, mutilated, torn, and should be as crisp as these were extracted from you. You may mention that on dated ………Mr/Ms……….designation…….dept…….address has stated on phone{mention phone numbers} in person that until you pay Rs………..your certificates shall not be returned to you.

If good offices do not provide any relief you may approach a competent and experienced service lawyer/labor consultant and proceed under expert advice of your lawyer. Your lawyer may agree that your certificates are being illegally held with malafide intentions and you should lodge a police complaint, under offence punishable under section 403 {Dishonest misappropriation of property} ,406{criminal breach of trust}, 420 {Cheating}, 368 and may suggest some other sections as well.

 Company may yield to legal notice of your lawyer or you may have to agitate in the appropriate forum. Company may yield to your demands during conciliation proceedings in o/o ALC or the ALC shall issue reference to Labor Court.

The court shall take appropriate view to decide the nature and quantum of punishment to company.

You may request good offices to allow you to examine your personnel file being maintained in HO.

If you have evidence and witness to prove that your certificates are being illegally held you may not allow any breathing time to the line management/HR/company and slap as many cases/complaint on it and teach them a fitting lesson so that it does not dare to indulge in such coercion/extortion/blackmail/deception and bad practices.

Valuable advice of learned experts/members is sought.

You have posted that:

--“ I was not even considering to ask for my full and final settelement, but the issue arises when they put an allegation on me for hacking their website to create some fake mail id and they threatned me for police complaints (in written over mail). When I replied them with a strong mail and told them not to harras me or threaten me with any sort of police or legal actions then post my reply I never recieved any mail related to the same issue.”

It is better to communicate by letter under acknowledgment thru redg. post with AD { and obtain POD  from PO both internet generated free of cost and certified copy of run sheet of postman by paying a fee of Rs.10/} as only competent and senior managers of the company are empowered to sign on letterhead. Emails are sent by one and all including even junior managers/HR executives. Later if trapped it is easy for good offices to escape by affixing the onus on junior management, although the scriptt might have been written by seniors and juniors are usually executioners who have to executive mostly on verbal orders of seniors.

The tread you have mentioned is posted by some other employees also in some other threads and it is another kind of terrorism companies have invented and initiated to subdue the employees.

You may escalate to god offices {by name and designation and make .them a party} and seek relief from them. This time let your elders in the family, competent and experienced well wishers; lawyer, law firm fine tune and structure your representations as suitable to you. The charge leveled against you is serious and your outbursts may not deter the company to harass you further. If you have not hacked etc and you are truthful you can sue them for criminal intimidation, harassment, defamation etc and your lawyer should advice you finally on this.

--“ But after some days I recieved a mail from HR to give the amount in favor of my ex organisation a sum of rupees equivalent to my one month salary.”

If you have the copy of the email communicating termination of service, then you should affirm in writing that your manager handed over the copy of the email in office and asked you to not to attend office with immediate effect.

This shall put speculations to rest. You have not absconded and you have not resigned.

You may request good offices to allow you to examine your personnel file being maintained in HO. This shall put other imaginary thought to rest that what documents might have been inserted in your personnel file e.g. forged resignation. IN case of unscrupulous employers this is possible.

However if you have been terminated the resignation story ends.

Moreover this email from HR shall affirm that the notice period applicable to you was one month and not 15 days implying you were not probationer.

However it shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents and give inputs in person and proceed under expert advice of your lawyer. Your lawyer shall evaluate the merits and may opine that you can lodge a police complaint as well {for malafide intentions and motive, counterblast to your genuine claims, under section 403 {Dishonest misappropriation of property} ,406{criminal breach of trust}, 420 {Cheating}, 368 and may suggest some other sections as well} and your lawyer shall advice you on the appropriate forum to lodge complaint and agitate e.g. O/o Wages Inspector, ALC, Inspector under SE act, ID Act, o/o PF commissioner for declining to attest PF forms, jurisdictional CIT-TDS where your company deposits TDS and local O/o IT Commissioner where you file your return for blocking Form 16 etc.

Online discussion has its own limitations. Kindly follow the advice of your lawyer, elders, and well wishers. Do not get moved by temptation, rage and do not act in haste.

If you have decided to fight for dignity prepare well, and prepare in advance.

These offices fall under preview of RTI Act and you can chase and move them to conclude action.

Another employee has initiated an interesting thread at following link, and has initiated recovery of wages:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=70662&offset=1#.UMCCfPIyzvo

https://www.lawyersclubindia.com/forum/Short-fall-notice-70506.asp#.UMGFbvIyzvo

The above post may kindly be ignored.It is not for this thread.Inconvenience is regretted.