Labour Law & Hr Consultant
Adv. Manoj Liyonzon
Advocate, Chennai
+4 Others

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After serving more than 5 years in an MNC, I resigned on 7th January 2014 by giving 3 months notice period mentioning my last day will be 6th April 2014 of my own. Accordingly I have been continuing with the service. But on 22nd Feb 2014, my manager verbally communicated that Company doesnot require my service any more from the very next working date & I can not go to the Office and comminucated to the HR dept that my last working day is 22nd Feb 2014.

After enquiring regarding the basis of my F& F settlement, I got to know from the HR dept that, Salary & other benefits will be calculated upto 22nd Feb and not 6th April, as my manager communicated the last working day is 22nd Feb.

The Termination clause in my appointment letter exactly says - " After Confirmation, either party shall have the right to terminate this agreement by giving the other 3 month's notice in writing to that effect or by paying notice pay in lieu thereof without assigning any reason whatsoever."

First of all I never communicated that I will not work after 22nd Feb, rather the company said they doesnot require my service after 22nd Feb, whereas, I clearly mentioned in my resignation letter that my last day will be 6th April 2014 by giving 3 months notice period.

Can anyone suggest Should I get the Salary & other benefits upto 22nd Feb 2014 and why shouldn't I get it upto 6th April 2014 and is there any scope of legal action can be taken.

From India, Ranchi
I can understand your situation, but tell me if you have a job offer why to fight with them. You worked so long in an organization, now leave on a good note.
Secondly, you can join the new organization early. Now if you thinking in terms of monetary gain, you can ask the firm you going to join to give you a joining bonus if they need you to join early. Else join them after 6th April as per your communication.
Now if the firm agrees on the terms, you will get joining bonus plus the salary as per new offer letter (if you remained in old organization till 6th April you will get less salary from Feb 22 till 6th April).
I hope you will like the calculation.
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From India, Mumbai
Employer Not follow the notice period norms
Dear Seniors,
Please help me it is very very urgent, I am Ram from Madurai. My company HO is in Bangalore, My work location is in Chennai& Madurai. It is an eLearning Company work is in some schools. 6 months before I joined this company.
Company want to leave me from my services. I accepted their decision on the same day(4-Jan-14). i handed over the office laptop and other accessories.
But they wont follow the notice period norms(45 Days on either side). They pay only 15 days salary in the month of January, after a long request.
From the date of join they were deducting gratuity amount also.
Is it possible to withdrawn my gratuity and PF amount.
i resigned the company by the request of my reporting head.
Please help me, where i can register a complaint against my employer.
My Contact No is 9629112973. mailID: .

From India, Bangalore
The co., is liable to pay you till 6th.Apr as agreed earlier. Send an email marking to HR, Line Manager, CEO, VP & a registered post letter pinning acknowledgment card, stating that your relieve date is preponed without your consent even after mentioning relieve date as 6th Apr. Also you were asked to leave orally by your line manager. Also state you followed resignation clause,& you dint express to leave breaking notice period & ask them to reply within 5 working days failing will subject to both criminal & civil proceedings. If co., fails to reciprocate this, a legal notice has to be sent on your behalf. subsequently lodge a criminal complaint in police & lodge a labour complaint in Deputy Commissionerate of Labour & start civil proceeding seeking minimum 10 times compensation. You are no way wrong

From India, Chennai
Dear friends seeking clarifications,
It is quite disturbing to note that most of you fail to furnish the essential details in your queries. Whatever be the reason for the cause of action, if you do not mention the status of your employment i.e., whether you are a workman or a managerial incumbent, it will not be possible to suggest a suitable remedy.

From India, Salem
As far as I know company can ask you to leave early so you will get FNF till the day you worked not the day you mentioned. You have worked there for such a long tenure do you really want to burn your bridges?
My friend, please keep one thing in your mind. we are an EMPLOYEE. Your new company may do your employment verification.
I am not trying to threaten you but again I would say only one thing don't burn your bridges, you never know when you need them again in your life.
All the best for your new job!!!

From India, Pune
Don't go for any legal action as it will only waste your positive energies,time, money and peace of mind.Focus only on the upcoming opportunity. these days every one wants to get notice period reduced to maximum possible when yours is getting reduced automatically its good for you,dont spoil your relations with your last employer instead you can utilise this time till 6 april with your family.
stay positive, stay happy else your performance in new organisation will get effected by your negative thoughts and anger.

From India, Gurgaon
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