Notice Period clause not honoured by the employer

You are sure entitled for your full salary until the last date of relieving. Write a simple letter to the senior authorities for settlement of your full dues within 30 days. Otherwise you may lodge a complaint with the labour authorities.

vasudevan

If you have submitted 30 days notice of resignation in writing and company has informed you in writing date of relieving as 31st March, company has to pay you the notice pay.

It is not clear what communications you have sent to your HR-SPOC.

You should have written that you are willing to work during the notice period, and the company should communicate to you in writing, what they want you to do, remain at home and do not contact (certain) clients and colleagues and the sum equivalent to the cost to company ( but not the benfits shall be paid to you.

By now you would have joined the next company. You must have received your relieving letter, experience certificate,form 16,NOC/NDC, pf accumulation reports,PF withdrawl/transfer forms. You must have applied for withdrawl/transfer of pf.

Have you received your F&F, and if so what is paid to you.

In case of any doubts/queries you can write to your appointing authority, MD, company Secretary,Head-HR,mentioning all representations in order and ask their good office to inetrvene and settle your a/c, with in 15 days.Send this representation by regd/speed post with AD.

You can submit the statement of a/c of payables and receivables as per your calculation.

Your next step shall be depending upon what is the response of the company.

Mr. Vasudevan & Mr. Doab, Thanks for your responses. I have listed the answers to your queries.

The company ABC has paid me till the last day of relieving. [March 31st]

But the last day of relieving was 1 week after I put down my papers [March 24th]. My query is that the 1 month of notice period should be binding on the company as well. Based on the offer letter / appointment letter, there is one month of notice period on  both sides. Because of this, I informed company XYZ (before resigning from ABC) that I would have to serve out a notice period of 1 month.

I submitted my resignation on March 24th. I did not explicitly mention about the notice period because this was something both the company and I had agreed to  by virtue of me signing and accepting the appointment order. The company did not mention anything in specific regarding the notice period. I was told that I would be briefed by the HR. 

After sending several mails, the company has settled the encashment of my privelege leaves. But there was no F&F discussion after this.

While I have received my relieving letter, I have not received the form 16 or transferred the PF (the PF is public PF. So I assume the company would not be able to withhold that from me).

Please let me know if I should send the letter to the head of my division or should wait for the form 16 and then send the letter. 

Thanks & Regards

B

Learned Mr. Vasudevan has clarified the matter.

You have submitted resignation, and you have not submitted 30 days notice of resignation. The comments mentioned by you are verbal.

Form form 16 you may write to the company.Usually form 16 are supplied by June.

It is better to transfer PF, as the member becomedseligible for pension after 10 years.You may submit PF forms to your company.

You were asked to give up your employment, and you resigned.

Henceforth consult the elders in the family, competent and experienced people known to you or family, lawyer/law firm before you submit or sign  any document.

For some reason, the original post has been deleted. I have repeated the original post below.

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Hi

I was employed by a company ABC for roughly a year. The circumstances of me leaving the company ABC is a bit unfortunate for me. 

I was informally asked by my manager to look outside for a job. He said if I could not find a suitable position soon, then he would have to start formal proceedings. So I was able to find a different job [with company XYZ] within two weeks. Since my appointment order with company ABC stated that there is a notice period on one month on both sides, I informed the company XYZ that I could join them after 1 month.

I resigned from ABC on March 24th. As per the joining order from XYZ, I was supposed to join XYZ on Apr 25th. But ABC asked me to leave by March 31st. 

I assumed that they invoked the right to have me not attend office. But in that case I feel I am entitled to the pay. I contacted the HR SPOC several times for clarification on this point. But so far she has not responded to my mails and is completely ignoring my mails.

I have given the relevant notice period verbiage from the offer letter. Please advise if points 9.3 and 9.4 can be applied in my case. 

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9.1 Subject to sub-paragraph 9.1 below or during the probationary period (if applicable), the minimum period of
notice that the firm will give you to terminate your employment is 30 days. The minimum period of written
notice that you are required to give the firm is 30 days.
9.2 Notwithstanding sub-paragraph 9.1, the firm reserves the right to terminate your contract without any notice if
it has reasonable grounds to believe that you are guilty of gross misconduct (which shall, without limitation,
include any breach of any of the provisions of this contract of employment), in which case no notice or pay in
lieu of notice will be due.
9.3 The firm reserves the right to require you to remain at home and/or not to undertake all or any of your duties
of employment and/or not to contact certain clients or colleagues during part or all of any period of notice of
termination of your employment (whether given by you or the firm), provided that your cost to company is paid
and contractual benefits are provided in the usual way. For the avoidance of doubt, you will continue to be
bound by your duties and obligations to the firm until the end of the notice period.
9.4 Instead of a period of notice pursuant to sub-paragraph 9.1 above or any other period of notice applicable to
your employment at the relevant time, the firm may, at its discretion, elect to pay you a sum equivalent to the
cost to company (but not benefits) which you would have received during your notice period.

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Please let me know if you need more information from me.

Thanks & Regards
B

Mr. Doab, Thanks for your response.

The appointment order has clearly mentioned that both sides have to give a month's notice.

So my resignation letter started the separation process formally. The signed appointment order states I need to serve out a month's notice period. Is it really required for me to state the notice period again in my resignation mail? 

Isn't it the responsibility of the company to also stick to the appointment order?

Clauses 9.3 and 9.4 (which are given above) mentions that the company might require me to serve out the notice period without requiring me to attend office.

Regards

B