I was working with one of the most trustable trusts of India in the whole world. Because of some personal issues, I had to resign from my position at the company. I've sent an email to my P&L head (not to the HR) about my decision. The very same day, he was in my city for a visit for 2 days, and he discussed everything with me and asked me when I wanted to leave. I said as soon as possible and that I would serve the notice period according to my appointment letter. He mentioned that he would forward the email to HR.
After that, no one contacted me from HR. Within 4 days, I received an email stating that I had been relieved. Since then, I have only received emails for asset pickup, with no communication regarding my FnF. After 20 days, when I inquired about the FnF, they replied by email after 5 days and asked me to talk to the Finance department for FnF. When I emailed them, they promised to provide the FnF within 30 days. Even after 30 days, I still didn't receive my FnF, so I emailed them again. They asked for one more week to complete the procedures.
Today, they emailed the FnF sheet and payslip, which included a deduction of 9723 rupees for Notice pay Recovery and another deduction of 3000 Rupees.
Appointment Letter Clause
In my appointment letter, point no 6 states: "The company shall have the right to terminate employment by giving you one month's notice in writing or salary in lieu thereof. However, you may terminate your employment with the company by giving one month's notice in writing and you shall have to work during the notice period. The company, at its sole discretion, can decide to waive off/reduce the notice period depending upon exigency. In such a case, you would be required to pay the company the salary for the notice period so reduced/waived off. You will not be relieved until your resignation is formally accepted in writing."
Questions
1) If I was ready to serve my notice period and the company relieved me well before the notice period ended, am I liable for the deduction of notice pay recovery?
2) What legal actions can I take if I don't receive any satisfactory answers from the company, and how?
1. If you were ready to serve your notice period and the company relieved you well before the notice period ended, are you liable for the deduction of notice pay recovery?
2. What legal actions can you take if you don't receive any satisfactory answers from the company, and how?
From India, Ahmedabad
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After that, no one contacted me from HR. Within 4 days, I received an email stating that I had been relieved. Since then, I have only received emails for asset pickup, with no communication regarding my FnF. After 20 days, when I inquired about the FnF, they replied by email after 5 days and asked me to talk to the Finance department for FnF. When I emailed them, they promised to provide the FnF within 30 days. Even after 30 days, I still didn't receive my FnF, so I emailed them again. They asked for one more week to complete the procedures.
Today, they emailed the FnF sheet and payslip, which included a deduction of 9723 rupees for Notice pay Recovery and another deduction of 3000 Rupees.
Appointment Letter Clause
In my appointment letter, point no 6 states: "The company shall have the right to terminate employment by giving you one month's notice in writing or salary in lieu thereof. However, you may terminate your employment with the company by giving one month's notice in writing and you shall have to work during the notice period. The company, at its sole discretion, can decide to waive off/reduce the notice period depending upon exigency. In such a case, you would be required to pay the company the salary for the notice period so reduced/waived off. You will not be relieved until your resignation is formally accepted in writing."
Questions
1) If I was ready to serve my notice period and the company relieved me well before the notice period ended, am I liable for the deduction of notice pay recovery?
2) What legal actions can I take if I don't receive any satisfactory answers from the company, and how?
1. If you were ready to serve your notice period and the company relieved you well before the notice period ended, are you liable for the deduction of notice pay recovery?
2. What legal actions can you take if you don't receive any satisfactory answers from the company, and how?
From India, Ahmedabad
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Your talk with the P&L head has created confusion. You said you wanted to leave as soon as possible. These words have caused misunderstandings, as if you were not ready to serve the notice period.
Review all your correspondence on the issue of exiting from the company. Check clearly whether you had expressed readiness to serve the notice period in writing, with a clear date of the last working day.
As a precaution, the discussion between you and the P&L head should have been documented and shared with both HR and P&L.
How did you assume that HR has waived the notice period? Review and discuss this matter with the company. It is not worth fighting in court over Rs. 10,000. Your advocate will charge more than that, and the outcome is uncertain.
From India, Pune
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3180Review all your correspondence on the issue of exiting from the company. Check clearly whether you had expressed readiness to serve the notice period in writing, with a clear date of the last working day.
As a precaution, the discussion between you and the P&L head should have been documented and shared with both HR and P&L.
How did you assume that HR has waived the notice period? Review and discuss this matter with the company. It is not worth fighting in court over Rs. 10,000. Your advocate will charge more than that, and the outcome is uncertain.
From India, Pune
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Legal Notice for Breach of Notice Period .docx
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