Riteshmaity
Labour Law Advocate
Gpagarwal
Ngo Kastaharan (for Legal Help )
Nitesh2984s
Sr Project Engineer

Hi Sir

I have resigned on 10th January 2017. My company has a notice period of 3 months so in my resignation I confirmed my company that I will serve the notice period of 3 months. My HR accepted the resignation and confirmed me that they will give early release on 21st Jan 2017.

Please confirm whether company should pay me the balance 2.5 months basic pay as per contract agreement. If I ask for early release tgen I need to pay balance days basic of notice period. When I checked with my HR, they showed me the clause that " If company gives early release then , the basic pay of notice period to be paid will be on complete discretion of management". Are there in laws which governs discretion of management as my regisnation and clearance process including handovers has been completed complying to company policies .

I asked HR about this discretion of management then they gave me an option to placed at client location which demands 6 hrs travelling and I am medically unfit to do it. I have provided the medical certificate of the same to HR.

Kindly suggest
7th March 2017 From India, Mumbai
See there are two aspects to this :-
If during the said period your payment is 18000 or below then only you are covered under payment of wages act also you must not be in managerial position. Holding this true they cannot deduct wages. But if you are not covered here then you are not protected and your contract with the company that you signed will be the bible.
The second part is shops and establishment act, it will save you if you are not in managerial position, then also they cannot deduct wages. But in both the cases they can sue you for breach of contract in a civil court and get what they paid you.
7th March 2017 From India, Kolkata
Notice period is 3 months. This notice period is used by the company to search your replacement. Assuming the company has found your replacement within 1 month, then there is no use of keeping you on hold for 2 months extra. And the new joinee may not be ready to wait for another 2 months. Hence the management uses its discretion when to release you once you have tendered resignation.
I do not find any illegality in this. May be other Learned members can put light on it.
8th March 2017 From India, Kolkata
#Anonymous
I agree with Ritesh.
If the management can relieve you earlier, you should not be having any issue. The management will insists on three months notice in case you are handling some mission critical assignment or if they have some grudge on you and they want to deprive you of some good job opportunities.
I personally feel that you should accept the relieving letter alongwith your full and final dues and live the company gracefully rather than carrying any bitter thoughts.
Wish you all the best for your future journey.
8th March 2017 From India, Mumbai
Dear Sir, I feel , when company is ready to relieve you before 3 month , it implies that company may agree to waive notice period wages. Of course, it is discretion of the company to use its discretion in your favour. Y,our personal rapport and good track record will certainly help in this regard .g.p.agarwal, lucknow
9th March 2017 From India, undefined
#Anonymous
I have been above expectations performer from last 2 years and then company suddenly demands to work at client site with a travel time of 5 hours for which am medically restrained. I had knee operation done earlier so I was told not to travel much by doctor. I explained this to company stating that I am physically not capable of over travelling but they convinced that it is only 2 hours which actually was 5 hours.

Still I attempted to do that resulting the re-emerging of my problem and finally I am on bed rest for a month.

Even though the medical certficates, mri reports are being submitted company gave me a choice either to get relieved earlier or travel for 5-6 hours if I want to serve for notice period. If I dont go then I will be released earlier without notice pay.

Discretion of management shouldnt follow some clauses or grounds prior deciding whether this has to be in favour or against the employee.

In my previous 4 companies discretion od managment had clauses excluding medical reasons.
16th March 2017 From India, Mumbai
Your transfer to a client's place/ another location is totally depends on the terms of your appointment. If there is any transfer clause, then you cannot avoid such transfer irrespective of whether you are a 'good' or 'bad' performer.
You may submit all your medical documents with a forwarding letter under acknowledgment requesting the management to look into the issue provided that your medical document clearly states that you are unable to travel for more than .... hours daily.
Now coming to the option given by company that you will be "released earlier without notice pay", it is like ask to leave and no such clause exist under any law. A company asking someone to leave/ resign amounts to termination for which you can raise dispute before the court of law.
At this stage you may give your best to negotiate/ settle the matter amicably. If it does not go well, you may think of going legally.
17th March 2017 From India, Kolkata
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