Hi All,
I am in the process of filing a complaint against my ex-employer for the following reasons:
1. Not paying me my half-month salary (March 12).
2. Not providing a relieving and experience certificate.
When leaving my ex-employer, I had already served the full notice period of one month. However, the employer was not ready to relieve me due to ongoing project work and was expecting me to stay for another month. Can anyone provide me with a sample format for the complaint that can help me draft my case in the Labor Court? Please share your experiences and suggestions on the same.
Thanks,
Archana Rane
From India, Mumbai
Acknowledge(0)
Amend(0)
I am in the process of filing a complaint against my ex-employer for the following reasons:
1. Not paying me my half-month salary (March 12).
2. Not providing a relieving and experience certificate.
When leaving my ex-employer, I had already served the full notice period of one month. However, the employer was not ready to relieve me due to ongoing project work and was expecting me to stay for another month. Can anyone provide me with a sample format for the complaint that can help me draft my case in the Labor Court? Please share your experiences and suggestions on the same.
Thanks,
Archana Rane
From India, Mumbai
Acknowledge(0)Amend(0)
Member Since: May 2015
Hi,
I worked in an organisation for 8 months. I got permanent after 6 months of employment. My performance was not good in the organisation, so I got a Performance Improvement Plan from the employer. I finally gave resignation as I couldn't achieve the target. I had communicated to HR that since I don't have a job in hand, I will serve the eligible notice period of 3 months. They agreed but relieved me in a week's time after resignation. There was a customer complaint against my organisation during my notice period, but I was held responsible by citing incomplete information to top management as my boss and super boss didn't want me to serve the notice period.
As per the offer letter, termination with immediate effect may be made by either party by paying an amount equivalent to 90 days of salary in lieu of notice. In the event the termination with notice is at the instance of the employee, the organisation at its sole discretion reserves the right to waive off the notice period in full or in part.
As the employer has relieved me before the notice period without my consent, in this case, can I claim for the notice period? I am not a greedy person, but I feel I am cheated by the organisation.
Request to kindly advise.
Regards,
Mayank
From India, Jaipur
Acknowledge(0)Amend(0)
Hi,
I worked in an organisation for 8 months. I got permanent after 6 months of employment. My performance was not good in the organisation, so I got a Performance Improvement Plan from the employer. I finally gave resignation as I couldn't achieve the target. I had communicated to HR that since I don't have a job in hand, I will serve the eligible notice period of 3 months. They agreed but relieved me in a week's time after resignation. There was a customer complaint against my organisation during my notice period, but I was held responsible by citing incomplete information to top management as my boss and super boss didn't want me to serve the notice period.
As per the offer letter, termination with immediate effect may be made by either party by paying an amount equivalent to 90 days of salary in lieu of notice. In the event the termination with notice is at the instance of the employee, the organisation at its sole discretion reserves the right to waive off the notice period in full or in part.
As the employer has relieved me before the notice period without my consent, in this case, can I claim for the notice period? I am not a greedy person, but I feel I am cheated by the organisation.
Request to kindly advise.
Regards,
Mayank
From India, Jaipur
Acknowledge(0)Amend(0)
You could not have been relieved before expiry of notice period or paying you wages in lieu thereof. You can recover the dues from employer. Thanks Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
225From India, New Delhi
Acknowledge(0)Amend(0)
Many small companies just play around with employees to cut costs and violate the law in the process. Their main expectation is that the employee will be hard-pressed to take action as he would be more involved in looking for alternate employment.
Similarly, there are many employees who will play all tricks to leave their organization if they secure a better job. Ethics be damned. To evade the law, one can always find shortcuts. No wonder a legal professional is always in demand, especially if he is capable.
From India, Pune
Acknowledge(0)Amend(0)
Similarly, there are many employees who will play all tricks to leave their organization if they secure a better job. Ethics be damned. To evade the law, one can always find shortcuts. No wonder a legal professional is always in demand, especially if he is capable.
From India, Pune
Acknowledge(0)Amend(0)
In your case, if you have submitted your resignation and later management decides to waive your notice period, then you cannot challenge it. However, if your services have been terminated by the employer, you can claim your 90 days' notice as per the appointment letter clause.
From India, Chandigarh
Acknowledge(0)Amend(0)
From India, Chandigarh
Acknowledge(0)Amend(0)Join Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Notice of Employee Change.doc