I was working in an Indian IT company. The notice period for the Deputy Manager post is 3 months here. I submitted my resignation for the Deputy Manager position, and it was accepted 15 days later. After one month of service, they presented me with two options:
1. Take one month's full salary, and for the remaining two months, receive only the basic salary.
2. Otherwise, they would terminate my employment.
I requested to receive my full salary for the entire three-month notice period and expressed my inability to accept their offer. However, they insisted on terminating my employment. I agreed to this decision, and the HR department sent me a termination email. They have documented all these interactions on their cell phone.
Please advise on what steps I should take next.
From India, Noida
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1. Take one month's full salary, and for the remaining two months, receive only the basic salary.
2. Otherwise, they would terminate my employment.
I requested to receive my full salary for the entire three-month notice period and expressed my inability to accept their offer. However, they insisted on terminating my employment. I agreed to this decision, and the HR department sent me a termination email. They have documented all these interactions on their cell phone.
Please advise on what steps I should take next.
From India, Noida
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You can raise a dispute before labour officer of your area for violation of notice period clause and ask for remedy.
From India, New Delhi
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425From India, New Delhi
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Hi,
Please check your employment contract for the separation clause. Did you ask them to terminate you in writing? Your post is not clear. If not, you can file a case. I hope you have handed over the company belongings issued to you at the time of joining. Otherwise, the company may handle the case differently.
From India, Madras
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Please check your employment contract for the separation clause. Did you ask them to terminate you in writing? Your post is not clear. If not, you can file a case. I hope you have handed over the company belongings issued to you at the time of joining. Otherwise, the company may handle the case differently.
From India, Madras
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Understanding Your Employment Status Under the ID Act, 1947
With the designation and predominant responsibilities attached to your job position, I believe you are not classified as a "workman" under the ID Act, 1947. Therefore, the remedy for your problem may only be found in the terms of your contract of employment.
However, your post seems a bit confusing to me. The cause of action for the termination arises from your resignation. In that case, you are required to give three months' notice before the effective date of resignation or pay the salary in lieu thereof. If you have chosen to serve the entire notice period, which was not acceptable to the employer, and they wanted to modify your offer by relieving you earlier, then the employer must pay you the notice salary. When you refused this, how can the employer simply terminate you without any other valid reason?
From India, Salem
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With the designation and predominant responsibilities attached to your job position, I believe you are not classified as a "workman" under the ID Act, 1947. Therefore, the remedy for your problem may only be found in the terms of your contract of employment.
However, your post seems a bit confusing to me. The cause of action for the termination arises from your resignation. In that case, you are required to give three months' notice before the effective date of resignation or pay the salary in lieu thereof. If you have chosen to serve the entire notice period, which was not acceptable to the employer, and they wanted to modify your offer by relieving you earlier, then the employer must pay you the notice salary. When you refused this, how can the employer simply terminate you without any other valid reason?
From India, Salem
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