Bharat Gera
Principal Hr Consultant
Kshashikumar Nair
Head - Hr/administration
+2 Others

Thread Started by #Anonymous

I was working with an organization in Mumbai, India from 20- March 2017, due to a lot of internal politics & unstructured and unorganized style of work I decided to move on. My letter of employment stated a 3 months notice but after discussing with my reporting manager I got an early reliever in a month. In that period I completed my handover process. And have even got my experience/ relieving letter.
Now after a month of joining elsewhere they have sent me a notice (on company letter head) stating I need to pay them a compensation of 2 months salary as I didn't serve 3 months.
I believe it is wrongful of them to send me such notice and harassing me. They tried piling new projects on me on my notice period, they made me slog at work. The organization lacked so much of culture that I quit without waiting for a month and claiming my annual bonus despite my performance.
Need urgent advise whether I am in a position to file a case against the employer. Kindly help me with the procedures.
Thanking you in advance
30th January 2018 From India, Mumbai
Pl reproduce the relieving letter (cover up names etc).
Based upon what is written in relieving letter people will be able to advice you better.
No point wasting time/money filing counter case on ex company.
30th January 2018 From India, Pune
#Anonymous
Enclosed is the experience letter along with the notice received from the organization.
30th January 2018 From India, Mumbai

Attached Files
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File Type: pdf Notice.pdf (95.4 KB, 121 views)
File Type: pdf Exp Letter.pdf (107.0 KB, 105 views)

""We would like to inform you that clause 1.7,1 of the Employment Agreement dated 20th
March 20!7, explicitly states that you shall intimate the Company about your resignation by
giving 3 months' notice or else you shall be liable to pay 3 months' salary in lieu of the notice.""
There is grey area in what you are claiming in your post and what the company has written in agreement as shown above.
Facts in your favour-good experience letter.
Legally the old company has got rights to demand 2 months notice pay from you.
Did your reporting manager waive 2 months Notice Period, while accepting resignation?
What did you write in your resignation letter?
Did you commit that you have picked up another job?
You will need to consult a local labour advocate and seek advice as company is within its rights to demand notice period pay from you.
So proceed carefully and tactfully in the matter with due legal advice.
30th January 2018 From India, Pune
Dear Afrin,
Though in principle the company is right as stated by senior friend Nathrao, the company representative has given you the experience letter stating the date of relieving.
Have all authenticity in your proofs while approaching a local advocate like a waiver of notice period and further communication if any on the waiver of notice period/pay.
31st January 2018 From India, Hyderabad
Where is the resignation acceptance letter. If the acceptance letter states that you are relieved on that date mentioned in your experience letter, then nothing to worry.
31st January 2018 From India, Mumbai
#Anonymous
@Kshashikumar Nair The resignation acceptance letter states wrap up by 20th Dec, if you want to leave earlier speak to the CEO.
31st January 2018 From India, Mumbai
Dear Mr Nath Rao,
Your apprehension in the matter is justified on the face of documents placed. I just like to have an academic discussion on certain points that struck to mind.
Don't you think that the emloyee was binding to signed ' Employment Agreement' till 20.12.2017,before releiving from the service on closing hour of 20.12.2017. The demand notice provided by the concerned was without a date. Whether demand notice has issued before or after 20.12.2017(the date of reliving) is matter a lot. On release/releive of employee ends the employer and employee relation.
1st February 2018 From India, Mumbai
Both sides have to follow the agreement fully.Because some one is taking short cut or violating agreement dispute arises or due to differing interpretations,disputes can arise.
Here there is grey area as always in all disputes.
But full facts are not known to us.
Advice is therefore given with facts brought to our notice and it is always good to seek a local lawyer's advice before acting.
1st February 2018 From India, Pune
#Anonymous
The experience certificate was issued to me on 20-Dec on the date of exit, and the demand notice is sent to me on 15th Jan. If my exit wasn't accepted then why did they issue a good experience/relieving letter to me.
1st February 2018 From India, Mumbai
#Anonymous
Hi Further to the comments mentioned above, you could send them a covering note and the cheque with your notice pay amount.
1st February 2018 From India, Mumbai
Dear Friend/s
1. RL is issued by every company after full & final settlement is calculated and finalised whether the employee has to pay or company has to pay.
2. If employee has to pay to the company then in that case RL is issued after the employee has made the payment to the company.
3. Hence the recovery notice of the company has no standing, it is misplaced.
4. Company can only claim when it admits an error of calculation has taken place hence the notice for recovery. In this case the company has nowhere mentioned that it was an error on the part of the company, on the other hand the company is blaming the employee for violation of contract of employment.
5. Companies cannot legally stop any one from taking up employment after leaving A company and joining the B company.
6. In my opinion employee should not pay a single penny to the company.
Warm Regards
Bharat Gera
HR Consultant
9322404765
1st February 2018 From India, Thane
Well first of all you send a reply through email stating that notice period was waived off by ...... verbally and was given relieving letter on 20 Dec 17 post completing task in hand /assigned. The issue of notice period payment after one month of relieving is not fare and just, the same was never conveyed earlier.
Pls consider the issue settled. Thanking in advance.
6th February 2018 From India, Mumbai
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