My employer threat me
nitin namdev
(Querist) 13 July 2015
This query is : Resolved
Dear Sir,
मैने xxxx कंपनी को १ अप्रैल २०१४ को ज्वाइन किया था। मेरे ऑफर लेटर पर नोटिस पीरियड लिखा एक महीने का मेंशन था। जो की एक वर्ष पूर्ण होने पर 90 दिन कर दिया। मेने 15 जुन 2015 को resign कर दिया था। लेकिन अब कंपनी मुझ पर केस करने का बोल रही एवं दवाब दाल रही हे की 90 दिन notice period serve करो . प्लीज suggest करे में क्या करु. एवं किस तरह मेरा PF एवं एक महीने की सैलरी निकालू। मेरा exp. certificate भी नहीं दे रहे
Kiran Kumar
(Expert) 13 July 2015
Once you were employed on particular set of terms and conditions, the company had no right to alter those conditions unilateraly.
If you had already served the one month notice period as per originally agreed terms and conditions then its fine, you need not to succumb to the pressure tactics of the company.
If they proceed illegally against you then you can respond to them in legal manner.
consult local lawyer to proceed further.
Kumar Doab
(Expert) 13 July 2015
>>> The change in service conditions should be accepted in writing.
What happened after 1 year?
Confirmation of service?
Was this change made in letter of confirmation of service?
The notice period is part of service conditions that are governed by various enactments applicable to establishment/employer/employee and these shall prevail upon any private agreement/rule/communication/policy that employer has drafted and has signed with employee.
Rajendra K Goyal
(Expert) 14 July 2015
If you have accepted the enhanced notice period, you should obey the same.
nitin namdev
(Querist) 18 July 2015
is it required they accept my resignation letter. bcoz they not revert me any mail regarding my resignation.
and i m not accept any letter of extended notice period.
Kumar Doab
(Expert) 18 July 2015
1. If you are facing any difficulty in drafting your query and understanding the replies, take help from elders in the family, well wishers, employee's/trade union leaders,Labor Law consultant/Service matters lawyer/Law firm.
2. You have not replied to the point e.g;
What happened after 1 year?
Confirmation of service?
Was this change made in letter of confirmation of service?
3. You may reply to points, mentioned above and below also if you want to have proper response.
You should provide full information, pointwise!
What is this establishment registered as: Commercial,Industrial?
What is its line of business: IT, ITeS, banking etc?
How many maximum persons are employed in it at any point of time, before and after your resignation?
You have submitted notice of resignation or resignation with immediate effect?
If you have submitted notice then you have given notice of how many days?
To whom you have addressed your resignation? Do you have its copy, proof of dispatch, proof of delivery?
The Redg Office, Corporate Office of the company, and your reporting office was located in which state?
What was your designation and nature of duties? How many persons were reporting to you?
Did you have any power to sanction leave/increment/appoint/terminate?
Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?
What was your monthly salary?
Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16, I.Card given to you?
Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?
Did you deposit company property?
Has acknowledgment of notice of resignation, supplied to you?
Are you a member of any employee’s/Trade Unions?
5. Resolution to your problem is possible if you reply.
