Allan Fernandes
Vp - Quikchex Hr And Payroll Software And
Jyoti Varshney
Executive-hr
+3 Others

Thread Started by #Amrit12661

Hi All,
I have resigned from my current organisation, and as per the resignation clause "either i have to serve the 2 month notice period or i have to buy out the same" now i have already done with my 1 month of notice period and would like to buy the notice period of next 1 month. My 2 month salary is alredy on hold with employer and i told them to deduct the 1 month salary and release me with 1 month of notice period. But they deny to do that and they forcing me to do the 2 month notice period with the company.
Pls suggest me, should i take any legal action against them and what i can do...need help urgently...
27th January 2016 From India, Delhi
You will have to meet them and persuade them by showing the appointment order and concerned clause.
Legal remedy is there but it will be time consuming.
They may stick to the condition that you need to serve 2 month notice or buyout 2 months and not i month notice and i month pay.
Polite and persuasive negotiation will only help you to leave the job in time.
27th January 2016 From India, Pune
Hi, Thanks for the response. Earlier my comapny agree to release me with 1 month of notice and buyout of 1 month. But now when i have asked them for FnF they told me to serve 2 month of notice. I am working in delhi and employer office is in mumbai. I can do only mail conversation/call. I dont want to continue with my current emplyoyer. Should i leave them with a mail that deduct my 1 month notice buyout amount from my salary and i will not continue from tomorow? they will release my releaving or they will deny to release my releaving letter??
27th January 2016 From India, Delhi
Quite likely they may delay your relieving letter. You have to take a call on 2 months buyout and leaving with all paperwork.
27th January 2016 From India, Pune
Dear Amit,
You may give them a post dated check, which they may en-cash later. It not a great idea to argue with your current company as may be these are the same conditions on you are being hired. HR itself could not violet the rule except some special condition.
27th January 2016 From India, Noida
Where does the question of post dated cheque come up? The company is already holding two months pay with them.
27th January 2016 From India, Pune
i dont want to continue with my current organisation, and to complete the 2 month notice 21 days is still remaining..also i have balance of 21 planned leaves but they are forcing me to complete the 2 month notice.
Pls suggest should i leave the organisation and if yes on which statement...pls suggest me a draft..its very urgent
27th January 2016 From India, Delhi
Dear Amrit,
No employer can deny you to give releasing letter, but most of the company give it to employee only after calculation of full and final settlement which usually take approx. 1 month. You may leave your current organization and tell them to deduct notice period but be calm and that make them aware about your situation and understand there too.
As your head-office is at mumbai, dont forget to take follow up for full and final over call and over mail.
27th January 2016 From India, Noida
Holding salary is an internal factor for the company and deduction of notice period is the condition on which employee is being hired. There may be many dues on the employee like laptop, impress money other office stationary including mobile and any loan amount which will be clarify when full and final payment and no dues certificate is issue. If a particular employee need relieve letter before no due certificate he may give check or draft.
Hope this will clarify you.
27th January 2016 From India, Noida
Hi Jyoti, there is no dues on me. They didn't issue anything to me till date.
My HR told me to complete the notice of 2 month till 21st feb 2016, but i dont want to continue with them after 31st jan 2016.
There is no dues on me, my 2 month salary is also with my company and i do have 21 planned leaves which i havent used yet.
Pls draft a mail for me, which i send to my company and tell me i will not continue after 31st..
27th January 2016 From India, Delhi
I think the best you can do in this situation is what Nathrao suggested in his first reply. Quoting as it is. "You will have to meet them and persuade them by showing the appointment order and concerned clause. Legal remedy is there but it will be time consuming. They may stick to the condition that you need to serve 2 month notice or buyout 2 months and not i month notice and i month pay. Polite and persuasive negotiation will only help you to leave the job in time."

You seem to be in hurry for some reasons on leaving this job by 31st Jan. Which means you have couple of days to make best possible efforts. You would not want to get into legal predicament...trust me, so it is best that you talk to the senior management and get yourself out of this situation. Arguing or threatening on the grounds of legal action will not only be time consuming but also cost you lot of money and trouble. Instead you invest that time and money and efforts to find the right solution. If you have had good employment record, I don't see a reason why they would be so stringent otherwise, even when you are ready to buy out as per the clause in appointment letter.

Good luck!
28th January 2016 From India, Mumbai
You can take legal remedy, but it's usually not worth the time, money and effort. If you can't convince the company, you will have to either take the pay cut or serve out the notice on their terms.
You do have a case on the legal front though, in case you still want to take that route. You can read all about it here: Employment Bonds - Do they really work? | Bond Contracts
29th January 2016 From India, Mumbai
#Anonymous
Dear Sir,

I had worked with a firm for 10 years 6 months and 21 days.( from the date of joining till the date of resignation)

Unfortunately in this tenure last 6 months due to my mother health I couldn't attend the office on regular basis as she was hospitalised.The last salary which I withdrawn for 26 working days after that I was working from hospital.

But later was not given any salary despite I was sending official mails and making calls.( internal and external official mails) for complete one month.

Later I send a mail stating the condition of my mother and requested for LWP and attached the medical certificate stating that I being the only sibling taking care of my mother so couldn't attend the office for a month or so.but Inspite of replying to that mail they disconnected my offical mail id and the offical sim connection without my knowledge.

But by the end of the month my mother died and I even went through health issue and couldn't sent any mail further.

Later after 1.5 month I written my resignation stating that I didn't attend office due to my mother demise and my health condition.( Exactly 90 approx days I didn't work at all). I got the acceptance from them within a week or so on the same mail.

Now my question is related to my gratuity and relieving letter.

1. Now they are deducting the money from the gratuity for not serving the notice period.( despite they never given me salary for the month in which I worked from home for 1 month for which I have official mails). Can they deduct this amount.?

2. They are giving me a expereince letter till the time I attended my office.( means 04 months prior to my resignation). Is it correct?

These all things are done verbally and have not given me anything in written.( leaving resignation letter).

If No, please provide the legal right and procedure to follow

Awaiting for an early reply.

Thanking you inadvance

Vik
22nd October 2016 From India, Mumbai
Reply (Add What You Know) Start New Discussion

Cite.Co - is a repository of information and resources for business and professional growth. Register Here
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)





About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2017 Cite.Co™