You have written long post but you have not written one important thing is whether you completed your notice period as per the terms mentioned in your appointment letter. Please confirm date on which you submitted the resignation and what was your last working day? Did you take proper clearance while leaving your service? Did HR issue no due certificate to you?
From India, Bangalore
I have not served 60 day notice period, as the industry which I was going to does not relate to BPO and my experience of 3 years does not contribute at all.
I've received my salary slips and appraisal letters. My date of resignation and last date of working is same.
I've given 'On The Spot' resignation as I got a new job in the new field I wanted to go.
While on my exit interview, I specifically asked whether I'll get my full and final settlement and when. The HR said the accounts team will handle it and you'll get the adjusted amount after 45 days.
I've attached the conversation which my manager (who is very helpful and supportive) has communicated with me.
Please guide me what all legal rights I have in this case. As the company has been defaulting in many parameters (health & safety, employee working hours violation etc.)
From India, Mumbai
Your answer is given in your attachment itself. Since you have completly ignored the company's exist policy and left the organization without serving notice period so they have considered you as "Absconding" case (mentioned in your attached doc).
Generally in notice shortfall cases, employees have to pay gross salary for shortfall days.
I will suggest you to talk with HR and Accounts Team and explain your reason why you could not served NP. They may be take approval from Management and release you.
I do not think, if you go to labour court they will consider your case becuase you have not followed company policy.
From India, Kolkata
As you said in your post, you had not served your NOTICE period for 60 days and still you are asking for your clearance. Please do calculate and check if even after deducting gross salary for 60 days from your F&F is there any amount left out to be paid to you. If yes then only it is advisable for you to go further in this case. Still if the answer is NO and you want to go forward and clear your dues to collect your Experience Certificate then company will surely welcome your offer for pay back.
This is a clear "Absconding" case, where if Employee fails to serve his/her notice period as per Organization policy, Company cannot release F&F and that amount goes in recovering the loss.
I think before raising this Question on such platform, employees should always check each and every policies of their Organization, I usually see the same case, where firstly Employee always see for their Next benefit (which is usual) but then they want immediate relieving, all the exit documents and Full & Final.
And if Company follows their exit policy (as anyone has to follow exit policy), employee will directly think of going legal and stuff.
Hope this matter is clear now.
From India, Ahmadabad
# AnonymousDear Concern,
As per information provided following are the terms and conditions as follows.
1) I have to serve a mandatory 60 day notice period. Only then I would be issued an experience letter and relieving letter.
2) If I do not serve a notice period, then I won't get experience letter and relieving letter.
3) There is no way I can buy out of notice period or compensate it with mu remaining holidays, it was either notice period or no notice period.
It clearly states that their is no notice buy out policy in your organisation, which makes serving notice period mandatory. As you have resigned without serving notice period company adjusted/settled the amount salary.
From India, Gurgaon