Dues
Amit
(Querist) 11 November 2011
This query is : Resolved
Dear Sir/Ma'am
I worked in Limited company from Sep 2008. Initially I was on a retainership and after
1 year I appointed on the company roll. I resigned from my post on 30th Sep 2011 because there was lot of stress and company take work for 12 hours per day( 6 days) even on Sunday, it take 10 hours work ( company time is 8 hours). And for this no amount for Overtime or transportation was given.
I requested my reporting manager that please accept my resignation and releaved me with immediate effect. She accpeted it and releaved me with immediate effect.
Now HR department put a penalty on me Rs 36000 as a one month notice and requires this amount from me. HR executive told me that after this we will clear your PF account.
I told her that at the time of resignation, I told my reporting manager that I cant continue my job in these condition, and reporting manager agrees
and releaved me and no notice clause was put by her at that time.
I have many conversation with HR but they are still on their point.
I requested you to please suggest me what should I do?
Thanks and Regards
Amit
Piyush Vaishnava
(Expert) 11 November 2011
first of all you should have to give them a legal notice or reply contains all about your problems when you work with them and show that you have to forcefully bound to resign and there is no working circumstances in company.
ajay sethi
(Expert) 11 November 2011
what were the terms and conditions mentioned in your appointment letter/ did it contain any clause that one month notce is required to be given ?
wheter reporting manager gave any thing in writing releaving you with immediate effect?
Sankaranarayanan
(Expert) 11 November 2011
You said your Head was re leaved you, is any letter she given for it?
EPF amount is your worked period and have no right delay it, if they do the same then you write a letter as petition along with all records .
Amit
(Querist) 11 November 2011
In appointment letter, there is a clause of one month notice and I know it very well.
But at the time of resignation, reporting manager didn't ask me about reason and notice period.
I have a mail from my reporting manager which has a statement- I accept your resignation and releaved you with an immediate effect.
ajay sethi
(Expert) 11 November 2011
if the appointment letter mentions one month notice period then you are bound to serve the notice period .
however by its conduct the compnay has waived notice period as they have relieved you with immediate effect .
issue the company a legal notice
Nadeem Qureshi
(Expert) 11 November 2011
I am agree with Mr. Sethi
but if you have any documentory proof regarding waive of the notice period only then you can send the legl notice effectivly, if not then talk to HR and settle the matter out of the court.
feel free to call
Devajyoti Barman
(Expert) 11 November 2011
If he company willfully and with an oblique makes your service condition unbearable for you hen no condition would be applicable on you.
Do no worry about the said notice, move ahead and join a new company.
vasant kulkarni
(Expert) 12 November 2011
IF YOUR PF IS DEPOSITED WIHT THE REGIONAL PF COMMISSIONER,THEN YOU NEED NOT WORRY.ASK FOR REFUND DIRECTLY TO THE PF OFFICE.SEND ON LINE COMPLAINT GIVING YOUR DETAILS.GO TO EPF WEB.
RAJU O.F.,
(Expert) 13 November 2011
If the appointing authority had stipulated one month notice or one month salary cut in lieu of the notice period and if you had signed agreement to this effect, the company is justified in deducting the amount as per the contract. If so, don't waste your money, time, energy and tension with litigation against the company.
Amit
(Querist) 15 November 2011
Dear All
Thanks for your suggestions.
But I mentioned in my query that, Reporting manager didn't ask me for one month notice period. She releaved me with immediate effect.
No one wants any type of loss own.
Please suggest me that with this point, can i take any decision or not.
Kirti Kar Tripathi
(Expert) 15 November 2011
If there exists any such condition in your contract, then you are legally bound to comply but this amount can not be deducted from your PF amount as it settled position of law that PF and gratuity amount is immune from any deduction. However, other dues can be adjusted towards damages and compensation. In case there remains any balance, the same can only be recovered though decree passed by the Civil Court in Civil Suit
