I was working with one of the most trust able trusts of India in the whole world. Because of some personal issues i had to resign my position from the company. I've sent an email to my P&L head (not to the HR) about my decision. The very same day he was in my city for visit for 2 day and he discussed all the things with me and asked me when i want to leave? I said as soon as possible and will serve notice period according to my appointment letter. He said he'll forward the email to HR.
After that no one contacted me from the HR and with in 4 days i received an email in which they have mentioned that i have been relieved. Since then i received mail for asset pickup only no the communication regarding my fnf. After 20 days when i inquired about the FNF they replied me over mail after 5 days and said me to talk to Finance department for FnF. When i emailed him he promised me to provide the FnF within 30 days. Even after 30 days i Didn't receive my FnF and i mailed them again. They again asked me for one more week to complete the procedures.
Today they have mailed the FnF sheet and payslip in that they have made deduction of 9723 rupees for Notice pay Recover and other deduction 3000 Rupees.
In my appointment letter point no 6 says:" The company shall have the rights to terminate the employment by giving you one month notice in writing or salary in lieu thereof. However, you may terminate your employment with the company by giving one month notice in writing and you shall have to work during the notice period. The company in its sole discrention can decide to wave off/reduce the notice period depending upon exigency. In such case you would be required to pay to the company, salary for the notice period so reduced/waived off. You will not be relived until your resignation is formally accepted in writing."
Now i have two questions:
1) If i was ready to serve my notice period and company relieved me well before my notice period gets over. Am I liable for the deduction of notice pay recovery?
2) What legal actions i can take if i dont get any satisfactory answers from the company? and how?
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Your talk with P N L head has created the confusion.
You said I want to leave as soon as possible,
This wordings have caused deductions.
It is as if you were not ready to serve notice period.
Review all your correspondence on the issue of exit with your company and check up clearly whether you had expressed readiness to serve notice period in writing with clear date of last working day
As a matter of abundant precaution, the talk between you and P & L head should have been reduced to writing and sent to both HR and P&L.
How did you presume HR has waived notice period?
Review and discuss matter with company.It is not worth fighting in any court for Rs10000.Your advocate himself will charge more than that and also time our favour.with no surety of result in your favour.
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