So, I am working for this firm in Mumbai. I recently resigned from my job, stating that I am ready to serve the notice period for 2 months. However, my CEO came to me the next day and asked me to take my resignation back. I said I want to stick to my decision. He replied, "If you have already decided to leave, then why do you want to be here for 2 months? Talk to the HR and leave as soon as possible."
After that, I had a discussion with the HR about what the CEO said, and she emailed me, stating that my last working day will be 30th June, whereas according to the contract, it should be 15th August (2 months). The problem is that they are now saying that they won't be paying me any salary in lieu, and I should not ask for anything.
I have already given notice to my landlords and booked my tickets for 3rd July. Now, I cannot stay back to serve the complete notice as well. I planned my trip based on their written confirmation of 30th June. What can I do to fix this issue? Can I send them a legal notice?
From India, Mumbai
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1After that, I had a discussion with the HR about what the CEO said, and she emailed me, stating that my last working day will be 30th June, whereas according to the contract, it should be 15th August (2 months). The problem is that they are now saying that they won't be paying me any salary in lieu, and I should not ask for anything.
I have already given notice to my landlords and booked my tickets for 3rd July. Now, I cannot stay back to serve the complete notice as well. I planned my trip based on their written confirmation of 30th June. What can I do to fix this issue? Can I send them a legal notice?
From India, Mumbai
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Considerations Before Taking Legal Action
My humble request is that if you have got any good job, just move on, forgetting this. It's a waste of time and energy looking for legal solutions unless you have a good backup. Just imagine if you are fired one day without notice, what will you do? Be ready for anything because the "FIRING" virus is spreading in all fields. Most of my friends have experienced such harassment. But I hope these problems arise more in small-scale industries than in MNCs. Also, learn that in most cases, deviations from the contract are possible. Lastly, I find that you give more importance to booked tickets than your career. All the best.
From India, Pune
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My humble request is that if you have got any good job, just move on, forgetting this. It's a waste of time and energy looking for legal solutions unless you have a good backup. Just imagine if you are fired one day without notice, what will you do? Be ready for anything because the "FIRING" virus is spreading in all fields. Most of my friends have experienced such harassment. But I hope these problems arise more in small-scale industries than in MNCs. Also, learn that in most cases, deviations from the contract are possible. Lastly, I find that you give more importance to booked tickets than your career. All the best.
From India, Pune
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Notice Period and Resignation
When you have resigned, it is the choice of the company to decide whether it wants you to complete your notice period. If they have accepted your resignation with immediate effect, then in most cases, they are not liable to pay you for the notice period beyond your actual working date.
The matter would be different if the company had terminated/retrenched you, in which case they would be liable to pay you for the notice period. Whether you will succeed or not in a legal case would depend on the facts of the case, your appointment terms, and the standing orders, if any. Even if you were to win, the amount of time and money you would spend on a case like this would be quite a few times higher than the 45 days' salary you claim is due to you.
From India, Mumbai
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When you have resigned, it is the choice of the company to decide whether it wants you to complete your notice period. If they have accepted your resignation with immediate effect, then in most cases, they are not liable to pay you for the notice period beyond your actual working date.
The matter would be different if the company had terminated/retrenched you, in which case they would be liable to pay you for the notice period. Whether you will succeed or not in a legal case would depend on the facts of the case, your appointment terms, and the standing orders, if any. Even if you were to win, the amount of time and money you would spend on a case like this would be quite a few times higher than the 45 days' salary you claim is due to you.
From India, Mumbai
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Termination Clause and Notice Pay
If the termination clause under the terms & conditions of your employment specifies "2 months' notice or pay in lieu thereof by either of the parties," then your employer should pay the notice pay for the period of shortfall if you resigned with a notice of 2 months, but the employer decided to relieve you at an earlier date. If the management is adamant about not paying the notice pay, you are left with limited options.
Legal Remedies
By virtue of your roles & responsibilities, if you fall within the ambit of the Industrial Disputes Act, 1948, or the Shops & Establishment Act, 1953, you have the legal remedy of making a complaint before the appropriate Labour Dept. authority of your area and seeking their intervention. If the discussion/conciliation is successful, you would get your dues; otherwise, the matter may be referred for adjudication if the government finds merit in your complaint, which is itself a very lengthy process!
Otherwise, the only option available to you is to file a Civil Suit against your employer.
Considerations
Both the above options are time and money-consuming, and the outcome in your favor is also not guaranteed. Your stake is not very high. Hence, it is just a waste of time to keep harping on this issue. Better move on to your next destination!
All the best!
Regards, Vijayanta Kumar Sinha
From India, Bengaluru
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If the termination clause under the terms & conditions of your employment specifies "2 months' notice or pay in lieu thereof by either of the parties," then your employer should pay the notice pay for the period of shortfall if you resigned with a notice of 2 months, but the employer decided to relieve you at an earlier date. If the management is adamant about not paying the notice pay, you are left with limited options.
Legal Remedies
By virtue of your roles & responsibilities, if you fall within the ambit of the Industrial Disputes Act, 1948, or the Shops & Establishment Act, 1953, you have the legal remedy of making a complaint before the appropriate Labour Dept. authority of your area and seeking their intervention. If the discussion/conciliation is successful, you would get your dues; otherwise, the matter may be referred for adjudication if the government finds merit in your complaint, which is itself a very lengthy process!
Otherwise, the only option available to you is to file a Civil Suit against your employer.
Considerations
Both the above options are time and money-consuming, and the outcome in your favor is also not guaranteed. Your stake is not very high. Hence, it is just a waste of time to keep harping on this issue. Better move on to your next destination!
All the best!
Regards, Vijayanta Kumar Sinha
From India, Bengaluru
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Withdrawl of Resignation and Notice period.doc
Legal Notice.pdf