Bijay_majumdar
Freelancer In Hr &indirect Taxes For
Bhartiya Akhil
Freelancer
[email protected]
Retired Government Servant/advocate
Imok
Hr Executive
P-lekha-jacobs
Senior Hr Consultant
Jangir86
Payroll Software, Pf, Esi Services
Shan.msw
Human Resource
Nathrao
Insolvency N Gst Professional
Sevenhr
Maraimalai Nagar
+1 Other

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Dear Team, I tendered my resignation with clear cut mention to relieve as per the company policy..

Following is the series of events...

1.I was told by the top management to settle my account immediately.

2.Complying to the instructions I reported to the HR for exit details.

3.Thereafter I requested for my dues.

4.I was informed by HR that as I have not complied the notice period an amount has been debited to me for which I was surprised.

5.Thereafter I stated writing mail to clear my account.

6.Over a period of nine months I sent ninety reminder mails.

7. I didn't get a single responde to all the above mails.

8.Than I started addressing the mails in the name of the Company instead of persons and giving ba hint of legal action.

9.To my surprise I got ba mail from an advocate as recovery notice from an advocate.

Request to kindly advise on the issue.

From India, Ludhiana
You were told by top management to exit immediately-was it in writing and by whom?
In your resignation letter was all these facts brought out that you had plan to leave after serving notice period,but was told by ----Mr X designation on ---date to exit immediately.
Legal notice is an attempt to brow beat you.
I do hope you have documented these events of original date of leaving and new date as per order of higher management.
Any way consult a lawyer and take up the matter.

From India, Pune
This is a typical case of resignation and problems from management
Employee wants to exit
Here employee is ready and asking to follow laid down exit policy.
Verbal talk with higher management(as per what is written) and employee concerned is told you can exit immediately.
Vists HR for exit formalities
Apparently at that stage HR says nothing against immediate exit.
But HR plays a different tune and debits notice period or dues to employee accounts.
Is it miscommunication between HR and top brass or intentional
Subsequently employee follows up for settlement
But gets a notice from a lawyer.
Such problems arise due to cost cutting and saving nature of employers.
It is always advisable to keep such conversation in writing-whom spoken to, time date and appointment and gist of instructions/discussion.
In this case employee has no choice but to seek legal recourse to avoid getting into a situation where former employer drags him to court(though it is unlikely and notice may be brow beating technique.
HRs need to play a proactive role in such cases and advice employer the rules and laws governing employment.
It is difficult as HR also wants to be in good books and avoid loosing his /her own job.
But a delicate balance needs to be struck between following wrong instructions and Company interest.
Company interest can never be served well in the long run by employee unfriendly policies.
Interesting case based on details given by employee/querist

From India, Pune
Approach labour forum, Deputy commissioner of labour like that. With all your email, advocate notice and write clear letter mentioning whats happened. You will have a remedy.
From India, Madras
Reply could be furnished to the Notice from the advocate bringing the discussions/instructions you had received from the HR on record, supported by documentary records if any.
From India, Kochi
If possible you must give legal reply to your employer and sue him.
In an employment,every order, action and task performed be put into writing and approved immediately and documented safely,while in many cases you must also retain a copy of same document with you.
This will help you take legal course.
In many corporate practices these things does not happen.
While advice no verbal communications at work for the offical task.

From India, Vadodara
You should send a legal notice through an Advocate for forcefully asking resignation and asking for the compensation also for Notice payment subject to if the communication from the Employer is in writing.
Vinod kaushik
Advocate


Dear Sir/Madam,
Your point number 4 is noted, First of all read your appointment letter throughlly why i'm saying you not complete your notice period. Some of company declare this point you not complete that time will debit your months of salary. So, I think you go to directly approach to concern person like as HR department ask friendly and result is not good finally you will go to labour office with complaint letter that particular company, you will get good result for you.
Thanks/Regards,
Seven

From India, Chennai
Dear Paramjit-Bindra,
You have received a notice from your ex-employer through Advocate. You need to reply to it through your Advocate.
Approach good Advocate. Give him all the correspondence / communication between you and your ex-employer from time to time from your date of appointment till date. Let the Advocate know the oral communication also. Do not hide any thing from him. Let him decide on the basis of circumstantial evidences with you whether you can take a stand of it's a forced resignation from you (as what is advised by our learned friend Vinod kaushik, Advocate at #7 above) .
In my view, it is very difficult now to take this stand after lapse of nine months and more.
What you have written in your 90 plus emails that you only know it. Therefore, I feel, the advise by forum like this may not be proper, legal and correct.
Forum like this can guide you on law and how to go ahead with.
It seems to me that there is short notice given by you to your employer. It also seems to me that you compelled your employer to proceed with recovery in lieu of your short notice as per the terms of your employment by writing 90 plus emails.
You could have settled the issue amicably with your employer taking wise advise by someone.

From India, Mumbai
Dear User - looks like a LALA company HR ! From your case, it is already apparent how unprofressional your HR is. You see - your pleas are of no value to the Organization !
Practical advice: Irrespective of HR inactions, please clear all dues to the company - even if they waived it off verbally - it is ok - pay whatever they are asking for - and have peace of mind.
You are just an insignificant being if pitted against the might of a giant MNC - typically, they have the best lawyers in the circle and they will do anything to pin you down.
In a somewhat similar case like yours - our Organization made multiple notice period recovery attempts from an absconded employee. The deciding Court summoned his Bank officials legally as a part of legal proceedings - they broke a FD in his name and produced a DD for the recovery amount. Egoes were satisfied quickly !
Just pay - and enjoy peace of mind - have your relieving letter please before they close your case.

From India, Delhi

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