Urgent Employment Issue: Seeking Advice
Hi all, I went through this site but could not figure out the exact answer, so I am posting this question. I worked for a private company in Gurgaon, Haryana. I resigned from my post on 27-09-2018. It was accepted by management at a later date, and the last date for notice was given as 27-11-2018.
I asked for an early release during the notice period, looking for a release date of 11-11-2018. They responded that my last date would remain as mentioned. However, after that, the manager started misbehaving and abusing me for my work. Subsequently, I declined to work and sent an email stating, "I decline to work with the company." The next day, I was called in, and they gave me a no-dues form, asking me to submit all assets, which I did.
Following this, they issued a termination letter stating, "We are terminating your services with immediate effect due to your unprofessional behavior (code of conduct) towards the organization and your supervisor." I was terminated on 02-11-2018. They did not pay my salary for 2 months (September, October).
I followed up with them for my full and final settlement. Then, yesterday, they sent me an email stating the following:
"This is to bring to your notice that [Company Name] Pvt Ltd holds you liable to settle the dues arising from the below-mentioned points. During your tenure, while serving the notice period, you misbehaved with your project manager, resulting in willful insubordination. Your behavior not only had a negative influence on other employees but also on the reputation and culture of the organization. Since you resigned on 27th September 2018 and were required to serve the notice period until 26th November 2018 (60 days as per company policy), you have been terminated from your services on 2nd November 2018 due to misconduct with your supervisor. We have noted that you deliberately misbehaved to provoke termination in order to get an early release and avoid serving the complete notice period.
During your notice period, you were a billable resource at the rate of $10 per hour for 8 hours a day. The organization holds you liable to pay INR 112,000 for the loss of billing due to the shortfall of your notice period of 26 days (20 working days). Additionally, the 26 days of your notice shortfall will be deducted from your full and final settlement. Please note, your full and final settlement process will be initiated once you have settled the above-mentioned dues. You are advised to respond to this letter within 5 days of receiving it."
My salary in the organization was INR 19,300 per month. Please help me with this situation. Since they terminated me, am I liable to pay them more than what I have earned from them, considering they already have my 2 months' salary.
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I have corrected the spelling and grammar errors in the text and ensured proper paragraph formatting. Let me know if you need further assistance.
From India, Gurgaon
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Hi all, I went through this site but could not figure out the exact answer, so I am posting this question. I worked for a private company in Gurgaon, Haryana. I resigned from my post on 27-09-2018. It was accepted by management at a later date, and the last date for notice was given as 27-11-2018.
I asked for an early release during the notice period, looking for a release date of 11-11-2018. They responded that my last date would remain as mentioned. However, after that, the manager started misbehaving and abusing me for my work. Subsequently, I declined to work and sent an email stating, "I decline to work with the company." The next day, I was called in, and they gave me a no-dues form, asking me to submit all assets, which I did.
Following this, they issued a termination letter stating, "We are terminating your services with immediate effect due to your unprofessional behavior (code of conduct) towards the organization and your supervisor." I was terminated on 02-11-2018. They did not pay my salary for 2 months (September, October).
I followed up with them for my full and final settlement. Then, yesterday, they sent me an email stating the following:
"This is to bring to your notice that [Company Name] Pvt Ltd holds you liable to settle the dues arising from the below-mentioned points. During your tenure, while serving the notice period, you misbehaved with your project manager, resulting in willful insubordination. Your behavior not only had a negative influence on other employees but also on the reputation and culture of the organization. Since you resigned on 27th September 2018 and were required to serve the notice period until 26th November 2018 (60 days as per company policy), you have been terminated from your services on 2nd November 2018 due to misconduct with your supervisor. We have noted that you deliberately misbehaved to provoke termination in order to get an early release and avoid serving the complete notice period.
During your notice period, you were a billable resource at the rate of $10 per hour for 8 hours a day. The organization holds you liable to pay INR 112,000 for the loss of billing due to the shortfall of your notice period of 26 days (20 working days). Additionally, the 26 days of your notice shortfall will be deducted from your full and final settlement. Please note, your full and final settlement process will be initiated once you have settled the above-mentioned dues. You are advised to respond to this letter within 5 days of receiving it."
My salary in the organization was INR 19,300 per month. Please help me with this situation. Since they terminated me, am I liable to pay them more than what I have earned from them, considering they already have my 2 months' salary.
---
I have corrected the spelling and grammar errors in the text and ensured proper paragraph formatting. Let me know if you need further assistance.
From India, Gurgaon
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Dear friend,
The management is just threatening you. Before the date of relief you requested and they accepted, they terminated you on 02-11-2008 on their own, that too on the ground of misbehavior. Therefore, they cannot claim reimbursement of notice salary or any loss from you. It would be advisable to write back to them to settle the unpaid salary forthwith. Failing to do so, you will have to initiate appropriate legal recovery proceedings.
From India, Salem
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6108The management is just threatening you. Before the date of relief you requested and they accepted, they terminated you on 02-11-2008 on their own, that too on the ground of misbehavior. Therefore, they cannot claim reimbursement of notice salary or any loss from you. It would be advisable to write back to them to settle the unpaid salary forthwith. Failing to do so, you will have to initiate appropriate legal recovery proceedings.
From India, Salem
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Hi Umakanthan,
Thank you for your response. I was eagerly waiting for someone to respond. Actually, on the early release issue, they said the notice period would be as mentioned by them, i.e., 26-11-2018. Sorry for the improper phrasing. I am correcting that. However, please reply if this makes any difference.
From India, Gurgaon
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Thank you for your response. I was eagerly waiting for someone to respond. Actually, on the early release issue, they said the notice period would be as mentioned by them, i.e., 26-11-2018. Sorry for the improper phrasing. I am correcting that. However, please reply if this makes any difference.
From India, Gurgaon
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Dear,
It is a management tactic to pressure you. They can claim anything when they didn't force you to leave before the relieving date. You can claim your due from them. It is an unprofessional approach of management. Be firm on your point.
With Regards,
Sunil Kumar
From India, New Delhi
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It is a management tactic to pressure you. They can claim anything when they didn't force you to leave before the relieving date. You can claim your due from them. It is an unprofessional approach of management. Be firm on your point.
With Regards,
Sunil Kumar
From India, New Delhi
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Termination without following the laid-down procedure of inquiry is illegal. They are just harassing you. They cannot recover any damages from you just by writing or sending letters. In case you have time, money, and inclination, take legal recourse. You appear to be on sound footing. Nothing to worry.
Col. Suresh Rathi
From India, Delhi
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Col. Suresh Rathi
From India, Delhi
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GST ON RECOVERY OF UNSERVICED NOTICE PERIOD.docx
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