Boss2966
Industrial Relations
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
+1 Other

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Dear All,
I have once friend who was working with a small pharmaceutical company as HR manager.
His salary was high and company has asked him to resign on immediate basis and has promised him verbally that they will pay his notice period salary.
He worked there for 4 months and now company is not paying his notice period salary and giving reason that because of my friend they have incurred loss.
Its being more that 2 months now after resigning and company has still not paid his Notice period Salary.
Can you all pls suggest what can be done to get the same.

From India, Mumbai
Dear Miharvsh
Without any proof, only with the verbal instructions your friend received from the Management, he cannot challenge the company. As a HR, he must be aware of the necessity of the Documental evidence by the court of law.
Does your friend received the relieving letter / Experience certificate from his company, if not please instruct him to write a letter to his previous company stating that he may be issued with the Experience Letter for the period he served in that organisation and in Second para he can mention about the Notice period pay as assured by the Management while insisting for resignation. Hand over the letter to the HR Department and take acknowledgement and with that start creating the document for future to claim the Notice Pay.

From India, Kumbakonam
Dear Mihirvsh,

Did you find out whether your friend has given resignation letter and has he got acceptance for the same? This question is to make sure that he has given the apt "resignation" per se. Consequently, since the employee has complied with the terms in his appointment, but the management for their convienience terminates the employee immediately by asking/forcing the person to resign, whereas the employer is also bound to the terms of payment though agreed verbally compromising in the payment of salary in lieu wrt the notice period.

Simple as you understand, your friend leaves without resigning and not serving the notice period, he will not get paid. However, here the condition is the management wanted the employee to leave with immediate effect they'll have to pay this person.

Ask him to write a letter (register post with acknowledgment) and highlight the clause in notice period / email the top management regarding the same along with the pertinent dates specified on his resigning and verbal approval for his payment, copied to the administration and management. Await to check on their response for a couple of days. Despite of emailing, if no response write them a next email that you would be seeking a conciliation officer. I'm sure all these points will go legally strong for you and the management will release the salary ASAP.

From India, Visakhapatnam
Hello mihirvsh,

You have mentioned '.......resign on immediate basis...' AND '.........reason that because of my friend they have incurred loss'.

Could you pl elaborate on these aspects--the reasons given to your friend by the company AND your friend's point-of-view?

Pl note that UNLESS you give all the angles of the situation, any advice/suggestion that the members can give you would only be half-way depending on how a member views the situation--which COULD be FAR AWAY from reality.

S. Bhaskar is right when he says--HR ought to be aware of the necessity of the Documental evidence by the court of law--while Sharmila Das's suggestions seem to be, I think, based on the judgement that there are no missing links to the situation 'as you mentioned'.

However, there do seem to be some missing links--like I mentioned above.

The second allegation you mentioned ['that because of my friend they have incurred loss'] is definitely more serious for a HR person--usually such allegations are put on those functions that deal with finances or sales. 'True' or 'False' isn't the question in such situations.

There does seem to be more than meets the eye.

Rgds,

TS

From India, Hyderabad
Dear Mr. Mihirvsh,
As suggested by our eligible citeHR member, why wouldn't you elaborate the situation to see if we would be in aid to your friend's situation? Remember the best of your explanation could bestow you with correct suggestions as well.

From India, Visakhapatnam
Dear All,
My friend has sent several mails and called many times claming the notice period salary as promised at the time of resignation.
Also about Loss is that they are not able to explain and also management told that my friends salary is high and they can not afford.
Management told my friend that FnF will be cleared as per companies convenience and they are not giving any deadline that when they will clear their dues.

From India, Mumbai
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