Dues and Notice pay.
Querist :
Anonymous
(Querist) 01 November 2009
This query is : Resolved
Dear Hon. Experts,
Mr.X resigns from a Public Ltd company intimating it thru an email on 19th Sept 09.He also marks a copy to his HR head.The company acknowledgs the same, but not in writing.Mr X Joins a new company on 22nd of Sept. 09.Pl advise on follow:
1)Is mr X liable to pay one month salary/ or one month notice period before leaving?
2)His 21 days salary for Sept is already there with the company, hence as per work contract one month basic salary can be adjusted from these?
3)Is Mr X entitled for his Sept. 09 balance salary,Previleage leave encashments, Diwali Bonus,PF and Gratuity (for five and half years work tenure)?
4)Out of grievances the previous employer gives a public notice for mr X eight days afer his resignation, that he has been terminated from the service for fraud. Now if mr x is terminated as per the notice will he be liable for one month notice pay?
5)How can mr X claim for the dues.How can labour law solve these queries?
Please advise.
Part Two:
Dear Experts,
Thanks for for 1st hand information.Furter please note that mr. X had worked in the company for 5 and half years, where he was never given a single memo for anything related to work, sales performance, Account's & recovery, etc. Things popped up only after the resignation. The company's malafied intentions came on surface and they published a notice in the newspaper against mr. X defaming him of fraud, cheating misappropriation etc.Out of sheer vengience,their intention was to keep mr X away from he joining the new company.Where as Mr X Joined the new company two days after his resign.If at all his resignation was not accepted they should have sent letter of intimation to his permanent address?.Hence, it is a clear cut matter of harrasment?
H. S. Thukral
(Expert) 02 November 2009
If disciplinary proceeding against a deliquent employee are pending, the employer might not accept his resignation.
In your case you have forwarded the resignation but it is not accepted.
In case it is a valid termination the employer can deduct for the losses if he has any sufferred on account of alleged fraud or lapses from the dues applicable to you.
The above is a general opinion on such matters. Since you have not given complete story, legality of termination order or consequences arising out of it can not be straightway posted.
Raj Kumar Makkad
(Expert) 02 November 2009
harbhajan Singh Ji has placed a good reason which seems appropriate in the state of affairs raised in the quarry. The delinquent employee should place complete and true facts so that he may be replied accordingly. The resignation has not been accepted so relationship of employer and employee didn't end till the day of termination so the termination can be challenged if the same is found erroneous or illegal.
Querist :
Anonymous
(Querist) 03 November 2009
Dear Experts,((pl advise on part II ALSO)
Thanks for for 1st hand information.Furter please note that mr. X had worked in the company for 5 and half years, where he was never given a single memo for anything related to work, sales performance, Account's & recovery, etc. Things popped up only after the resignation. The company's malafied intentions came on surface and they published a notice in the newspaper against mr. X defaming him of fraud, cheating misappropriation etc.Out of sheer vengience,their intention was to keep mr X away from he joining the new company.Where as Mr X Joined the new company two days after his resign.If at all his resignation was not accepted they should have sent letter of intimation to his permanent address?.Hence, it is a clear cut matter of harrasment?
H. S. Thukral
(Expert) 04 November 2009
If there is no instance of any kind of allegation of misconduct against you during the service period, the employer is liable in civil as well as criminal law for making allegations of defamatory nature. Issue a legal notice to him. File a criminal complaint as well as suit for damages. Without apprising you of charges by issueing a showcause and going to public with allegations harming your reputation has no connection with the resignation whether it is accepted or not. If the employer wants, it can reject the resignation and initiate disciplinary action but certainly going to public with the notice is harmful to your reputation. It would be different case if the charge sheet is issued, inquiry initiated and you absent from the inquiry proceedings. The employer can put a notice in the paper informing you of the inquiry and asking you to appear before it.
For further opinion, post the language of the publication in the paper.
