Employer claiming 2 months notice pay and denying rel letter
Kiran kapoor
(Querist) 15 July 2017
This query is : Resolved
Hi, My notice period when I resigned was 3 months. However, I had asked for an early relieving of 1 month after resignation date. My employer agreed to reduce notice period by 1 month only and issued a letter to me that my contractual end date and last working day would be 2 months after my resignation date. However, during my conversation with management, my director had also given me threats of dismissal. I was very much concerned and since I did not have much responsibilities at work, I approached the MD for early reliving. He agreed to cut my notice period to 1 month after resignation date. In accordance with this, HR issued another letter to me stating my last day of working and last day of employment both to be 1 month after resignation date. I served till this date, completed all exit formalities and left. Now, the employer has sent me FNF in which they are asking me to pay 2 months notice pay , have withheld my final salary and not giving releiving letter after repeated reminders
P. Venu
(Expert) 15 July 2017
You may serve a Notice on the employer to honour their commitments.
Kumar Doab
(Expert) 15 July 2017
While posting such queries employee should post basic information! What is this establishment; Commercial, Industrial? What is its nature of business say; IT, ITeS? How many persons are employed in it? What is your designation and nature of duties? How many persons report to you? Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ? You are in which state? Since how many months you are working? Do standing orders (model/certified) apply to establishment and your designation? What is notice period as per appointment letter/offer letter and what was notice period tendered by you? Was ever any stinker, memo, show cause notice on any misconduct issued to you? Are you a member of employee’s/trade unions? Has the establishment issued/supplied, salary slips of all months, PF number and a/c slips of all years, ESIC card, Form16, acknowledgment of handover of charge/assets, NOC/NDC etc etc, acceptance of notice of resignation/final resignation?
Kumar Doab
(Expert) 15 July 2017
Can you attach the copy of appointment letter, notice of resignation tendered by you,1st letter issued to you reducing the notice period by 1 month, 2nd letter issued to you reducing the notice period by another 1 month, FnF statement... You may erase the names,logo etc to maintain the confidentiality.
Kumar Doab
(Expert) 15 July 2017
What is good in your posts is that you approached 1st authority then 2nd authority i.e. MD and got waiver of notice period. You may apply your skills and get waiver properly inserted in FnF sttaement/settlement and get a copy fo correct FnF statement. The notice period of 90days may not be neccessarily applicable in your case. Reply pointwise to all points.
Kumar Doab
(Expert) 15 July 2017
Designation and wages alone does not decide if employee shall be covered as 'Workman' as in ID Act or not......................
Kumar Doab
(Expert) 15 July 2017
Probably attornies of employer in HR/Director are not in your favor... Or On your specific request notice period has been reduced with recovery of notice pay... The language as in docs can clarify.
Kumar Doab
(Expert) 15 July 2017
It is very much possible that even if notice period of 90days is inserted in appointment letter it is not applicable in your case. Reply pointwise to all points. If you have apprehensions visit a very able local senior counsel of unshakable repute and integrity specializing in Labor/service matters for a considered opinion.
Rajendra K Goyal
(Expert) 15 July 2017
letters from HR and your appointment terms need to be referred, discuss with some local lawyer expert in service matters.
Advocate Suneel Moudgil
(Expert) 16 July 2017
more info need to reply your query, you can send them a legal notice referring all correspondence.
Kumar Doab
(Expert) 16 July 2017
Examine your notice of resignation, requests for waiver and in particular the request for waiver was for notice period and notice pay?
Likewise the waiver communicated by HR was notice period and notice pay?
Or apply your rapport, goodwill, and skills and get waiver for notice pay also, from MD.
If it is test of nerves and interpretations then decide what exactly would you like to pursue.
Kumar Doab
(Expert) 16 July 2017
Would next employer take you on the strength of copy of resignation and its acceptance (only) that you have..............Or it wants relieving letter, service certificate?
Kumar Doab
(Expert) 16 July 2017
In case you are right but are being pressurized obtain correct FnF statement showing all payables by employer to employee and by employee to employer including adjustment of notice pay and final amount payable by one to another..........................and obtain NOC/NDC, acknowledgment of handover of charge/assets,relieving letter with good comments, etc and agitate later.............
You can also negotiate with next employer and ask to buy out notice period.....
Dr J C Vashista
(Expert) 17 July 2017
Issue legal notice through a local prudent lawyer.
