Facing Legal Threats for Not Serving Notice Period After Unfair Job Reassignment – What Should I Do?

Hi All, I need some help. After my maternity leave, I rejoined the office on 11th Jan '13. Upon my return, my reporting manager asked me to work in the dispatch department, handling data entry and maintaining registers for incoming and outgoing letters. This was not acceptable to me, as I had previously worked as a Personal Secretary and Admin Executive in the same company, and I hold an MBA in Retail Operations. The job offered was below my expectations and dignity. Despite conveying my concerns multiple times to my reporting manager, he did not assign me a job that matched my qualifications and experience. Instead, he asked me to leave if I was not satisfied with the job profile assigned to me in dispatch.

After enduring a lot of humiliation and mental harassment, I decided to quit the job and tendered my resignation to my manager on 17th Jan '13. The resignation was accepted by the management with immediate effect, as stated in the "letter of acceptance of resignation," without asking me to serve the notice period. However, I did not request immediate relieving.

Now, instead of receiving payment for the days I worked before my resignation, I received a letter from my company stating that I have to pay Rs. 16,000 as full and final settlement for not completing the notice period. The company is also threatening to take legal action against me if I fail to pay the money. Should I have to pay the notice period to the company? Kindly suggest.

Regards,
Ruchi

From what you have described in your situation, it seems that many unprofessional companies engage in such practices. However, in your case, the company reassigned you to another department after you resumed your duties. This could be due to an exigency of work, and the company might have made this decision accordingly.

You mentioned that you did not like the new role that the company offered you later. If the company made this change without filling the Secretarial job vacancy, then it reflects poorly on the management. In such instances, companies should adhere to the terms of the employment contract and pay the employee the notice period instead of asking the employee to cover it.

You can now inform the management that you intend to fulfill the notice period. This will provide you with ample time to search for a suitable job that aligns with your qualifications and interests.

Best Wishes

Options for Notice Period in HR

In the case of the notice period in HR, I can say there are two options:

1. You serve your whole notice period and receive your salary.
or
2. If the company is pushing you and you are ready to serve the notice period, and as per your appointment letter, it is mentioned that any party can leave the job by giving two months' notice, then they have to pay you for your notice period whether they want to or not.

In your resignation, have you mentioned that you are willing to serve notice? Secondly, do you have in writing that you are relieved immediately without serving the notice? If yes, then you can always use it as proof to clarify and justify your side. You can go to the labor court for mental harassment (if you are strong enough to do so, sometimes people find it a waste of time). Try and first sort through negotiation.

Immediate Resignation and Notice Period Payment

Where the company has accepted the resignation with immediate effect, they cannot ask you for payment of the notice period, except if you had stated in your letter that you will not serve notice.

Whether you can receive notice pay is debatable, but you will surely be entitled to payment for the period worked. As for mental harassment, I can't say if it's worth following up on. I would suggest you search for a job and enjoy some free time with your baby in the meanwhile.

Yes, do send a reply to the company refuting the claim for notice pay and ask them to pay your remaining salary within 7 days.

Thanks a lot for the valuable suggestions:

@ Jhuma: I haven't mentioned any desired date of relieving in my notice period; however, I asked them to relieve me at the earliest. Yes, I have the letter from the company on behalf of the management that they accepted my resignation with immediate effect.

@ Saswat: Yes, the company has accepted my resignation in writing with immediate effect without asking me to serve the notice period. I already sent a letter back to the company for the period I worked; just waiting for the reply from their side.

Dear Ruchi,

The HR team needs you to buy out the notice period. This happens when an employee wants to leave before the calculated last working day, as per the notice period.

Did the letter of acceptance of your resignation mention any last working day for you? If it was already mentioned, you have little to try other than requesting them to waive this buyout.

You need to get a clear exit and settle your accounts before your last working day. Request them for the waiver on humanitarian grounds. Please look for the exit policy in your employee manual. It will mention the process you may need to follow. Once you have a clearer view of what has already been declared, chart out your own exit.

Serve till you can, offer complete knowledge transfer. Document the KT end-to-end. Ensure all your sign-offs, such as returning any company property, laptop, mobile phone, etc. Fill the PF withdrawal form, and maintain your own copy of all these documents.

Wish you all the best!
Regards