Employee Misconduct and Resignation Process
One employee used inappropriate language towards another senior employee, not in person but shared his feelings with a colleague through a company communicator. The manager found out and held a discussion with the employee, who admitted to being mentally distressed, leading to the use of such language.
The company deemed this a misuse of company IT and asked the employee to resign. The employee agreed to resign and serve the notice period. However, HR informed the employee that they couldn't serve the notice period as per company policy. They assured to settle all the Full and Final (FNF) dues to date. The employee inquired about receiving payment for accrued paid leave in the FNF, and the company confirmed they would include it. Notably, there was no mention of deducting notice period recovery from the FNF. The company advised the employee to state personal reasons for resigning without serving the notice period.
The concern now is whether the company will deduct the notice period recovery from the FNF without specifying it beforehand. If the company does deduct the recovery amount later, how can the employee legally challenge this action?
Please provide guidance on this matter.
From India, Pune
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One employee used inappropriate language towards another senior employee, not in person but shared his feelings with a colleague through a company communicator. The manager found out and held a discussion with the employee, who admitted to being mentally distressed, leading to the use of such language.
The company deemed this a misuse of company IT and asked the employee to resign. The employee agreed to resign and serve the notice period. However, HR informed the employee that they couldn't serve the notice period as per company policy. They assured to settle all the Full and Final (FNF) dues to date. The employee inquired about receiving payment for accrued paid leave in the FNF, and the company confirmed they would include it. Notably, there was no mention of deducting notice period recovery from the FNF. The company advised the employee to state personal reasons for resigning without serving the notice period.
The concern now is whether the company will deduct the notice period recovery from the FNF without specifying it beforehand. If the company does deduct the recovery amount later, how can the employee legally challenge this action?
Please provide guidance on this matter.
From India, Pune
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Immediate Resignation and Notice Period Liability
If you resign with immediate effect (even if such resignation is at the instance of the management, which unfortunately you are unable to prove) without serving the notice period (assuming that you are unable to prove that you were asked by the management to resign immediately), then you become liable to pay the equivalent amount of the notice period to the management for not serving the notice period.
Management is simply 'tricking' you into obtaining the resignation from your side, with reasons for resignation being 'personal.' Otherwise, for terminating an employee, the management has to follow certain procedures which they generally want to avoid.
From India, Kolkata
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247If you resign with immediate effect (even if such resignation is at the instance of the management, which unfortunately you are unable to prove) without serving the notice period (assuming that you are unable to prove that you were asked by the management to resign immediately), then you become liable to pay the equivalent amount of the notice period to the management for not serving the notice period.
Management is simply 'tricking' you into obtaining the resignation from your side, with reasons for resignation being 'personal.' Otherwise, for terminating an employee, the management has to follow certain procedures which they generally want to avoid.
From India, Kolkata
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You are raising a query while hiding the facts, creating utter confusion. In the beginning, you mentioned an employee, and later you referred to the gender of 'I' and 'me'. When you are raising the query as an anonymous person, you shouldn't be afraid or fearful; rather, you should come out with clear inputs that help us provide a legally backed solution.
Addressing Your Query
Now, coming to your query, since you mentioned that the management has asked you to resign, stating that you resigned due to personal reasons and couldn't serve the notice period, to which you have agreed. In my opinion, since you are resigning at their insistence, they shouldn't deduct the salary for the notice period. However, before submitting your resignation letter, it would be better if you could discuss this with them to avoid complications at a later stage.
Regards, BS Kalsi
From India, Mumbai
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Addressing Your Query
Now, coming to your query, since you mentioned that the management has asked you to resign, stating that you resigned due to personal reasons and couldn't serve the notice period, to which you have agreed. In my opinion, since you are resigning at their insistence, they shouldn't deduct the salary for the notice period. However, before submitting your resignation letter, it would be better if you could discuss this with them to avoid complications at a later stage.
Regards, BS Kalsi
From India, Mumbai
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Legal Options for Notice Period Recovery Deduction
I apologize for the situation, Mr. Kalsi. I am the employee in question. Based on my understanding, using inappropriate language should not be grounds for termination. Instead, they could have transferred me to another branch. However, it seems their intention is to dismiss me. I used the company messenger to express my feelings to close colleagues and, unfortunately, used inappropriate language. The phrase I used was "THESE FUCKERS," during an argument about their intentions to harm me.
They intentionally monitored my activities on the system. In terms of performance, I am competent and do not give them a chance to find fault. I always provide them with real-time data whenever requested. If they deduct money from my notice period recovery, how can I legally challenge this to get it back? Please help me.
[Email Removed For Privacy Reasons]
Regards,
Shri
From India, Pune
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I apologize for the situation, Mr. Kalsi. I am the employee in question. Based on my understanding, using inappropriate language should not be grounds for termination. Instead, they could have transferred me to another branch. However, it seems their intention is to dismiss me. I used the company messenger to express my feelings to close colleagues and, unfortunately, used inappropriate language. The phrase I used was "THESE FUCKERS," during an argument about their intentions to harm me.
They intentionally monitored my activities on the system. In terms of performance, I am competent and do not give them a chance to find fault. I always provide them with real-time data whenever requested. If they deduct money from my notice period recovery, how can I legally challenge this to get it back? Please help me.
[Email Removed For Privacy Reasons]
Regards,
Shri
From India, Pune
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One thing I am unable to understand in this case is why are you giving a notice period even when the company wants to sack you. As per my knowledge, if an employee wants to leave the company immediately, then the employee has to pay the notice period or serve the same. If an employer wants to sack an employee for any reason, the employer has to pay the notice period or give time for serving the notice period. So, why is the company asking to deduct the notice period amount from your F & F payment?
From India, Rudarpur
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From India, Rudarpur
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GST ON RECOVERY OF UNSERVICED NOTICE PERIOD.docx