I am working in a Reputed Pharma Company from last 1 year at Area Manager level where representatives are reporting to me.
I served a 1 month Notice dated 13th July 11 and wanted to work till completion of said NP. Now company stopped my field work and conveyed to releived me w.e.f. 13th July-11 itself with a 1 month salary in lieu of Notice and Final settlement. It is now 25th and I didnt heard any communication in this regard neither the settlement.
Now my question is can I have rights to get full wadges till they serve me releiving letter ? As they stopped me to work can I take any actions in this regards if the settlement will be delayed any more ?
All suggestions are welcome.

From India, Ahmadabad
Ragini,

Understand from your post that , even after conveying your willingness to serve the notice period, ex-employer preferred to relieve you from the duties, by agreeing to pay you 1 month salary in lieu of NP along with the Full and Final Settlement.


Q1 - Now my question is can I have rights to get full wadges till they serve me relieving letter ? You are entitled for wages for the period you have worked with the company. No organization can deny you wages and this can be challenged at any court of law in India. With regard to the 1 month salary in lieu of Notice Period, you would need to have all the supporting to claim the same (if denied during final settlement). Take record of any mail / direct communications with regard to the relieving and pay out of notice period salary, relieving intimation & letter and appointment letter.

Q2 -As they stopped me to work can I take any actions in this regards if the settlement will be delayed any more ? - You can't take any actions for stopping you from work, as you were serving the notice period and the employer has every right to relieve you , provided the terms and conditions in the appointment letter is met (ref to notice period and salary thereof). With regard to the full and final settlement , you can do regular follow ups with HR / concerned person or even visit the company once. If its again delayed , you can approach a lawyer , with necessary documentary proofs and evidences to initiate legal actions against the company

Hope the info is clear

From India, Mumbai
Thank you for the Guidence...
I would like to add:
I was on leave from 08-07-2011 to 16-07-2011.
I served the said 1 month Notice on 13-07-2011 through mail from Official Company ID after a telephonic conversation with my Boss.
On 18-07-2011 I resumed my services and completed the day.
On 19-07-2011 my boss asked me 'not to work' and conveyed abt the descision of company on telephone.
No official communication till date form him/HR.
He conveyed that I will be considered on leave from 13-07-11 onwards and will be paid wages for that period only and 1 month salary in addition.
I argued regarding date of releiving should be 19-07-11 as I have completed my day work of 18-07-11.
But I doubt, they will process releiving on 13th only.
So in case, If they draft a Releiving Letter dated 13-07-11, should I accept or not ?
Can I fight against it ? How ???
Your a little more words on this incorporated with Labor Laws/Acts will definately be appriciated.
Thanks once again...

From India, Ahmadabad
Which Law protects against injustice done by Pharmaceutical Companies to people working at Managerial Positions. (Supervisory level)? What type of Court deals with such cases ?
(Pl dont laugh... I have to say I dont really dont know anything abt this..)

From India, Ahmadabad
Ragini,

There are few ambiguities in your post, would like to have precise information on this issue on

1. Exact ate of Resignation
2. Period of Notice Pay (Start Date & Proposed End Date

I was on leave from 08-07-2011 to 16-07-2011. - Normally companies doesn't allow employees to avail leave when they are serving the notice period. Your case is exceptional.

I served the said 1 month Notice on 13-07-2011 through mail from Official Company ID after a telephonic conversation with my Boss.
- 13th July was start date of notice period ?? cant follow clearly.

On 19-07-2011 my boss asked me 'not to work' and conveyed abt the decision of company on telephone.
No official communication till date form him/HR.
- How can you agree to leave the company just by a verbal direction from your boss. They can even claim that you left by your own or absconding from office from 18 July

Going by all your words (even though bit confusing), firstly i would advise you to negotiate with your HR / Boss on the date of relieving and Period of wages. If they still remains adamant, settle for a amicable solution by taking the relieving letter as per their record (13th July) and obtain the F&F Settlement.

I would prefer not to quote any labor law or anything in this issue as it would confuse you more. Think practically, approach the ex-employer and arrive at a amicable solution. Don burn bridges by spoiling your name / credibility in the job market. Your new company might go for a background check and if anything negative comes from ex-employer it will affect your career adversely

Think wise and act !!!

.

From India, Mumbai
I would suggests you not to initiate any legal proceeding against your ex-employer, be practical, it might be harmful for your further Career. Settle the issue amicably.
From India, Mumbai
Ragini...
As you have mentioned that you worked for 18th, did you marked your attendance on 18th, or signed any documents which may, when referred, shows you present on 18th? This will help you to argue with your ex-employer to rethink about your date of relieving......

From India, Ludhiana
Dear Ragini,

From your statements it appears that you have availed leave from 08th to 16th July and you served your resignation by e - mail ID on 13th July.

You had joined duty on 18th July and in my opinion the employer has felt that you have availed leave from 08th July to 16th July 2011 to look for an alternate employment. When you got the alternate employment on 12th July you served the resignation letter by e - mail and chose to complete the other formalities for new employment till 16th July and reported back on 18th July.

As your current employer was not clear whether you are joining a competitor he has safely relieved you from duties effective from 13th July 2011.

Had you served the resignation letter on 18th July it would have been better. As you have served the resignation letter dated 13th July, from the employer's perspective he can relieve you only on 13th July. Moreover, you have stated that the employer is also willing to pay a one month notice pay. I presume that your employer will wait till completion of the notice period that is 12th August 2011 and then complete your full and final settlement.

My recommendation is

You can formally write to the employer narrating the chronology of events.

1. Your approved leave from 08th to 16th July 2011. (I am not sure whether this was an LTA leave), if this was so you can state so.

2. Your resignation letter dated 13th July 2011 and the reasons stated therein with a copy of the e - mail for reference.

3. Your resumption of duty on 18th July 2011 after your return from authorised leave and serving for the whole day.

4.The date and time of telephonic conversation of your boss and the matters stated by him over the telephone.

5. Request to the employer to make the full and final settlement dues in line with the telephonic conversation.

Send this letter by ordinary post and also send it by e - mail with the attachment of the letter in PDF format.

My impressions are your employer appears to be genuine and will settle your dues by mid August 2011. Keep us updated.

All the very best.

M.V.KANNAN

From India, Madras
Thanks to all for your valuable suggestions and comments.
My Ex-emplayer is Lupin Ltd and definately Its very genuine on its part.
Lets see, I am in touch with my seniors and HR. And I left on good terms and will definately sattle this all amicably.
(As they didnt offered any Official Letter till date, there are chances of Injustice. Thats why I just wanted to know the Laws that protects a person working at Managerial Position in a pharma sales company)
Management conveyed that they will consider my last day of working i.e. 18th July while releiving me.
My boss forwarded clearance certificate to HR and Hope they will settle my a/c shortly.
I will keep updating...
Thanks again...

From India, Ahmadabad
Why are you so much bothered about getting paid for 5 days ? You may as well join your new job earlier. Fighting with your employer, specially a large one like Lupin makes no sense for 5 days salary difference.
From India, Mumbai

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