pranalichavan
Dear All
I am pranali chavan,i am working with Serco pvt ltd as team leader from 2010 to till date and i have given immediate resignation due to i ahve 1 year old child which was taken care by my mother in law. Since she is not doing well this days, it becomes very difficult for her to manage my 1 year old son all the day. This is the major reason to give resignation with immediate effects.Also my mother in law decided to go to her native place and because of this decision I have to relocate myself to our native place for few days as I had no options left with me.
My HR team not ready to accept this reason and forcing me to serve notice period or pay 60 days salary.
I already promised them that ,I will make myself available for my team members any time so that the work should not get hampered.
I want my gratuity, Experience letter and pf with paying them 60 days salary due to above reason.
Kindly suggest accordingly.

From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Vmhr@rediffmail.com
Sr. Manager (p&a)
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Riteshmaity
Labour Law Advocate
RAMPALLI
Sr.manager Accounts
Pranalichavan
Team Leader

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Suresh Rathi
80

Dear PRANALICHAVAN,You are entitled following at the time of resignation :--
1.Grautity- as you seem to have served for qualifying period
2.Bonus-- in case same was being paid to you in previous years
3.EL encashment-- In case you have EL in credit
You have to serve notice period as per terms of contract or pay salary equivalent to notice period.
In case , you are being denied these, you may serve legal notice and then approach labour department .
Best Wishes,
Col.Suresh Rathi

From India, Delhi
pranalichavan
Dear Suresh Thank you for your suggestion. If i file legal notice towards the company then will i get all the benefits(gratuity, Experience letter and pf).
From India, Mumbai
riteshmaity
241

If there is a period of 60 days notice period or payment in lieu thereof, then you have to either serve 60 days or to pay the equivalent amount. You cannot escape this clause on the personal ground as stated by you. You have been rightly informed that you have to serve notice period/ pay notice pay.
Once this issue is settled and the employer employee relationship comes to an end, you will be entitled to seek your benefit like gratuity and PF.
If you are ready to pay the notice pay, then ask then company to adjust the notice pay with your gratuity and pay the rest. Please communicate in writing with acknowledgment for future reference.

From India, Kolkata
vmhr@rediffmail.com
24

Rather than antagonize an employer make two or three more attempts to convince them (HR) or meet the top of the organisation and in form them that would proceed with legal action or Labour department or both. Be fair for having worked for nearly seven years. At any cost you would get your dues as per the labour laws provisions under various Acts in vogue.
V.MURALI

From India, Madipakkam
Anonymous
8

Have you filled up the gratuity form and submitted it to them. If not, first do it. As per law, they will have to release gratuity within a stipulated period. Once that happens, write to them for your Full and Final and wait for their reply. If they do not release the Gratuity within the stipulated period as per law, then complain to the relevant authority attaching the copy of the form that you submitted to them along with a copy of your resignation letter submitted. This will alert them that you mean business and will try and resolve things amicably. Have given the same advise to one employee who worked for 5 years in an IT company. The moment the show cause notice went to the occupier from the statutory authority of gratuity, every penny of gratuity and full and final was settled within 48 hours.
From Indonesia, Jakarta
RAMPALLI
As per law what says, law details may be provided any one. What is the time limit FF to be done.
From India, New Delhi
pranalichavan
Dear All
Now i discuss with my Hr team and i informed that i am ready to serve notice period after done some arrangement of my 1 yer baby for 1 month because i don't want to pay 2 month salary and i want all my FNF and PF. but they are forcing me to pay 2 month salary only.kindly suggest me what to do.

From India, Mumbai
tajsateesh
1641

Hello Pranali Chavan,

Do you have any EL/PL balance now?

Usually any EL/PL balance can be set-off against Notice Period--though it also depends on the Company. Check your Appointment Letter for this. If there's any clause that this is possible, check discretely IF it's still current. The HR MAY come-out with some lame excuse that this policy has been changed now & you can't do it.

In case, you THINK HR may indeed say you can't do it now, then apply that leave to make arrangements for your kid.

Coming to your Gratuity & PF, there's nothing the Company can do, even if they tried. These are Statutory obligations for any Company & they it too. The PF is under the control of the respective PF Commissioner in your area/city--make sure you get the corresponding Forms processed.

Reg Gratuity, 'Anonymous' has given the right suggestion--that should work. Sometimes, where words don't spur managements into action, 'danda' does--or the threat of it's usage does.

Reg your line ".......i am ready to serve notice period after done some arrangement of my 1 yer baby for 1 month...........", suggest put this in writing to your immediate boss with cc: to HR. The very fact that they want money & nothing else clearly shows their intent.

All the Best.

Rgds,

TS

From India, Hyderabad
riteshmaity
241

I think whether an employee would serve the notice period or pay in lieu thereof post tendering of resignation is solely the discretion of the management. The management may use the notice period to find an alternate employee but if an alternate arrangement is made quickly, then the management reserves the right to accept the resignation then and there.
From India, Kolkata

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