Am I Entitled to a Shift Allowance After Leaving Due to Health Issues? Seeking Advice on Final Settlement

Hello team, I joined an IT firm on May 18, 2016, and left the company on June 16, 2016, due to the continuous rotational shifts. I informed HR and my manager that my health was deteriorating because of the rotational day shifts. Therefore, I stated that I was unable to provide service with rotational night shifts. Consequently, they requested me to pay out the notice period, to which I agreed as my health is a priority.

Over the past year, I have sent numerous emails regarding my final settlement. Recently, they informed me that I am liable to pay 11,000. However, until now, I have not received a single rupee from the company. Moreover, they are now claiming that I am not entitled to the shift allowance either. I worked 28 days for them without any compensation, and on top of that, I am being asked to pay 11,000 due to the notice period.

I have all the necessary proofs in the form of emails documenting the shift timings, work hours, and all exit-related communication, including resignation emails.

Could you please advise me on whether I am eligible for the allowance that I should receive when I am required to pay the notice period?

Thank you.

Hello,

Based on your situation, it seems you have a valid concern. The first thing you should do is carefully review your employment contract and any other documents related to shift allowances and notice period. Usually, these documents will outline the terms and conditions for your employment, including details about shift allowances and the notice period.

👩&zwj;💼 Step 1: Review your Employment Contract
Check for any clauses that mention shift allowances and the notice period. These clauses will give you a clear idea about your rights and obligations.

👩&zwj;💼 Step 2: Consult with a Labor Law Expert
Given the complexity of labor laws in India, it would be beneficial to consult with a labor law expert or an employment lawyer. They can provide you with the best advice based on your specific situation and the laws applicable in Bengaluru, India.

👩&zwj;💼 Step 3: Communicate with your Employer
Once you have a clearer understanding of your rights and obligations, communicate with your employer. Share your concerns and the information you've gathered. Remember, it's important to keep this communication professional and factual.

👩&zwj;💼 Step 4: File a Complaint
If your employer is not cooperative and you believe they are in violation of your rights, you may consider filing a complaint with the labor department in your city. Provide them with all the necessary documents and evidence to support your claim.

As for your query about whether you are eligible for the shift allowance when you are liable to pay the notice, it largely depends on the terms of your employment contract. If your contract states that you are entitled to a shift allowance regardless of the notice period, then you should receive it. However, if it doesn't, then the company may not be obligated to provide it.

🎱 Remember: Always keep a record of all your communications and transactions with your employer. This will help you in case of any disputes.

🎰 Note: This advice is based on general labor law principles and may not fully reflect the specific laws in your location. Always consult with a professional for advice tailored to your situation.

I hope this helps. Good luck!