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Anonymous
I was working on a project, and my manager called and told me the client did not want my role and had told he didn't know what was next with me. 2 weeks After this conversation, I resigned from the job and asked for an early release. The management said I could take the Loss of pay for the remaining days(75 days) and would not release early or give a buy-out option. Why is the management not reliving me when my presence is not required? Is it legal?
From India, Bengaluru
Madhu.T.K
4193

Only greedy businessmen will do like this. If he does not require you, he can terminate you from service or instead ask you to put the paper. Now when you do so, the employer is asking for notice pay! That also 90 days' notice. That should not be allowed. First of all notice period or paying in lieu of notice applies only to employer who wishes to terminate an employee and no way an employee is legally bound to give notice when he wants to leave an employer. Now when the employer has already said that your role is no more required, he should accept the resignation and allow you to go immediately. Now if you say that you are withdrawing the resignation and you are ready to be part of the organisation what would be his reaction? Will he allow you to work and pay salary? Suppose if you are ready to work for three months will he be ready to pay salary for that period? Then how can he say that you should pay him 75 days' salary? Is with the money so recovered from the poor employees that he is going to make bread for himself and his family? It is stupidity. Therefore, you should talk to this capitalist and tell him that this is the law and should relieve immediately. If he is not oaky with it, proceed legally against him.
From India, Kannur
Anonymous
I resigned after taking the 1st legal openion .. went ahead and sent a legal notice to the company.. it's one of the top IT company of India. U may guess.. but no one replied to my notice too.. I called the HR and he said am going against the policy and not serving as per policy and hence they will consider my resignation as absconding.. they have called me to meet in office and discuss with higher authorites.. HR team.. legal team and my senior managers.. and me alone .. God knows what's the next target
From India, Bengaluru
Madhu.T.K
4193

You will get the protection of ID Act provided you would fall under the scope of the Act even if the employer is one of the big IT companies in India. If they have a certified standing order which regulates the employee employer relationship, let them show it. It should be certified standing order and not a draft one which the employees should have acknowledged as read and agreed. There is no law which prescribes a notice period for a workman. In IT companies also all the techies are workmen only even though they get handsome amount of salary. Even that 'salary" can be disputed because it would be on a salary which is less than the statutory salary fixed by the government that they would be calculating gratuity when someone leaves! It might contain allowances just to defeat the law.
From India, Kannur
saswatabanerjee
2383

I am interested in knowing what was the legal opinion you got and what is the legal notice you sent to the company.

All those seems unnecessary.
You could have simply resigned asking for early relieving on grounds that you were told you are no longer required. Once you have given a legal notice, the company is most likely going to take a tough stand and follow the law on everything, which includes asking you to follow the letter of the employment agreement.

Interestingly, the manager only told you that you were not required in that particular project and he did not know what your next work was. he did not ask you to resign, he did not say you were going to be down sized. It is possible they were evaluating which is the next project where your skills were going to be used.

It seems you have made a mess of things when it was not even required.

From India, Mumbai
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