Hello,
I worked for Kolkata based IT company. The offer letter clearly states:
++++++++++++++++
Notice of Termination Notice of termination of employment by the employee shall be 45 days notice in writing or payment in lieu of notice. Such notice may not be offset by unused leave. The same shall be applicable when the employment is terminated by the company.
++++++++++++++++
A week after I resigned (giving 45 days notice as we agreed), the company told me to stop working and ended work relation. They paid for the days I worked (of-course after too much delays, follow-ups & arguments!) but refusing to make payment in lieu for remaining notice period they din’t let me serve fully.
Company’s argument is:
1) because an employee resigned (while still under 6 months probation), company is not obliged to respect notice period.
2) They also quote: Section 15 of the WBSCE Act,
++++++++++++++
"The services of a person employed in any shop or establishment, who has been in continuous service for not less than one year in such shop or establishment, shall not be terminated without giving him one month's notice, in writing, showing the reasons of such termination and until the period of notice has expired or until he has been paid, in lieu of such notice, wages for the period of such notice."
to which I wonder:
- aren’t they obliged to follow what was put in an offer letter?
- and if not, it was bogus claims they make in in offer letter?
Please let me know my options further - are they obliged to respect the notice period or not?
[of-course few people advised - "just forget it and move on", but if we all have such attitude why do we sign contracts in the first place and have Laws in place?!]
Thanks a lot for your guidance in this matter.
I worked for Kolkata based IT company. The offer letter clearly states:
++++++++++++++++
Notice of Termination Notice of termination of employment by the employee shall be 45 days notice in writing or payment in lieu of notice. Such notice may not be offset by unused leave. The same shall be applicable when the employment is terminated by the company.
++++++++++++++++
A week after I resigned (giving 45 days notice as we agreed), the company told me to stop working and ended work relation. They paid for the days I worked (of-course after too much delays, follow-ups & arguments!) but refusing to make payment in lieu for remaining notice period they din’t let me serve fully.
Company’s argument is:
1) because an employee resigned (while still under 6 months probation), company is not obliged to respect notice period.
2) They also quote: Section 15 of the WBSCE Act,
++++++++++++++
"The services of a person employed in any shop or establishment, who has been in continuous service for not less than one year in such shop or establishment, shall not be terminated without giving him one month's notice, in writing, showing the reasons of such termination and until the period of notice has expired or until he has been paid, in lieu of such notice, wages for the period of such notice."
to which I wonder:
- aren’t they obliged to follow what was put in an offer letter?
- and if not, it was bogus claims they make in in offer letter?
Please let me know my options further - are they obliged to respect the notice period or not?
[of-course few people advised - "just forget it and move on", but if we all have such attitude why do we sign contracts in the first place and have Laws in place?!]
Thanks a lot for your guidance in this matter.