I was working in the company for the last 2 years. In the last year, the company didn't get any projects, and I was sitting idle for the last 4 months. So, I resigned from the company and gave 3 months' notice. I thought I would get an early release due to no work. HR called for a discussion and asked me to pay for the shortfall of the notice period. I was not okay with buying the same. Then it was concluded that I would serve the complete notice period. After 1 week, HR called me again and showed the FNF sheet. HR added the gross payment for the remaining 45 days to be incurred from me and asked me to leave the company as soon as possible. I again objected to HR for doing the same. I never said that I agreed to pay for the remaining notice period. But HR said the company has the right to release in lieu of payment, and this decision has been taken by management at their discretion.
I tried hard to convince them that the company cannot force me to buy the notice period, especially when the company does not have any work to deliver. Buying the notice period is possible only when I am asking for an early release and there is a loss to the company. To compensate for it, the company can ask for the payment. HR told me, "We wanted to retain you, but you resigned. So, it's the company's discretion to decide what to do." When I asked how they could hold my salary without my consent, they didn't listen. Why should I suffer a financial loss of paying for the shortfall of the notice period just because of the indecisiveness of HR (even HR took 45 days to call me for a discussion, during which time I was sitting idle in the company)? HR didn't listen to me and asked me to leave as soon as possible. The amount is very big, and I cannot afford to pay it. I feel it is wrong and unethical to adjust the last salary for buying the notice period without the employee's consent.
Queries to All Forum Members
1. If a company is relieving an employee since there is no work, does the company have the right to keep the employee's last salary without their consent (for a shortfall of the notice period)?
2. Can I challenge the company for their decision in court? If yes, then in which court should I file the case?
Please help me deal with this matter as I have been released by the company.
From India, Pune
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I tried hard to convince them that the company cannot force me to buy the notice period, especially when the company does not have any work to deliver. Buying the notice period is possible only when I am asking for an early release and there is a loss to the company. To compensate for it, the company can ask for the payment. HR told me, "We wanted to retain you, but you resigned. So, it's the company's discretion to decide what to do." When I asked how they could hold my salary without my consent, they didn't listen. Why should I suffer a financial loss of paying for the shortfall of the notice period just because of the indecisiveness of HR (even HR took 45 days to call me for a discussion, during which time I was sitting idle in the company)? HR didn't listen to me and asked me to leave as soon as possible. The amount is very big, and I cannot afford to pay it. I feel it is wrong and unethical to adjust the last salary for buying the notice period without the employee's consent.
Queries to All Forum Members
1. If a company is relieving an employee since there is no work, does the company have the right to keep the employee's last salary without their consent (for a shortfall of the notice period)?
2. Can I challenge the company for their decision in court? If yes, then in which court should I file the case?
Please help me deal with this matter as I have been released by the company.
From India, Pune
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In this situation, it's essential to understand the legal aspects and your rights as an employee. Here are some steps you can consider:
1. Review Employment Contract and Company Policies:
- Check your employment contract and company policies regarding notice periods, early releases, and payment for shortfall periods. This will help you understand the legal framework within which the company is operating.
2. Seek Legal Advice:
- Consult with a labor law attorney who can provide guidance on your rights and the legality of the company's actions. They can advise you on the best course of action based on Indian labor laws.
3. Attempt Negotiation:
- Try to negotiate with HR or the management regarding the payment for the shortfall period. Express your concerns and seek a resolution that is fair to both parties.
4. File a Complaint:
- If negotiations fail and you believe the company's actions are unjust, you can consider filing a complaint with the labor authorities in Pune, India. They can investigate the matter and provide a resolution based on labor laws.
5. Consider Legal Action:
- If the company continues to withhold your salary unlawfully, you may have grounds to file a case against them. Your attorney can guide you on the appropriate court to file a case based on the specifics of your situation.
Remember, it's crucial to approach this issue calmly and professionally while asserting your rights as an employee.
From India, Gurugram
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631. Review Employment Contract and Company Policies:
- Check your employment contract and company policies regarding notice periods, early releases, and payment for shortfall periods. This will help you understand the legal framework within which the company is operating.
2. Seek Legal Advice:
- Consult with a labor law attorney who can provide guidance on your rights and the legality of the company's actions. They can advise you on the best course of action based on Indian labor laws.
3. Attempt Negotiation:
- Try to negotiate with HR or the management regarding the payment for the shortfall period. Express your concerns and seek a resolution that is fair to both parties.
4. File a Complaint:
- If negotiations fail and you believe the company's actions are unjust, you can consider filing a complaint with the labor authorities in Pune, India. They can investigate the matter and provide a resolution based on labor laws.
5. Consider Legal Action:
- If the company continues to withhold your salary unlawfully, you may have grounds to file a case against them. Your attorney can guide you on the appropriate court to file a case based on the specifics of your situation.
Remember, it's crucial to approach this issue calmly and professionally while asserting your rights as an employee.
From India, Gurugram
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Notice of Employee Change.doc