Notice period of 2 months not served
Amit Kant Sharma
(Querist) 20 September 2013
This query is : Resolved
Dear all,
In my previous organisation i have not served full notice period so they threaten me that they will sent Legal notice to me , i have left the organisation on 6th May 2013 and till now i have not received any notice where as all my colleagues who has left the organisation before me and after me has received the notice ,as i am working now i am not available at home so i m in doubt whether they have sent the any notice to me or not , whether i can check the same any where or from where i will come to know i don't want to ask my previous employer.
Please help
Advocate M.Bhadra
(Expert) 20 September 2013
The organisation can not take legal action against you, but they can withhold your last pay. Just see what legal rights you have being a staff.The Contract itself forcing a workman to give 2 months notice & serve for 2 months is most unconstitutional in approach as one month notice is good enough for both parties to give for termination of any job contract. Secondly even if 2 months notice is considered as legally valid,then also the maximum the party can claim from the erring person/party is the monetary compensation which will be the number of days the person would have got salary if he had continued to work,in other words the company can claim the period of salary from you for which you failed to continue your notice period in their job. As far withholding the relieving letter is concerned that hardly matters for you to get new job unless the other company specifically ask for it from your previous employer. The new Company will not even bother for it if they find you suitable for their job with your qualifications & experience.
Rajendra K Goyal
(Expert) 21 September 2013
well advised by the expert, nothing more to add.
Amit Kant Sharma
(Querist) 21 September 2013
Thank you so much sir for the valuable advice but few of my colleagues have already received the notice and even they have sent the notice to the organisation where they are working right now saying "Dual employment"
But i m in doubt whether they have sent any notice to me or not ,
I just want to know how i can investigate about that whether they have sent any notice to me or not , in any website or i can go personally and can ask whwther any case is gooing on my name all that just for mental satisfaction .
As because of all this i am going through of so much mental pressure.
Guest
(Expert) 21 September 2013
On the basis of information provided by you, it can be said, if you have not formally resigned or on application your resignation was not accepted by management, they can establish the case as of dual employment merely by showing you absent without permission.
However terms of your appointment, as included in your offer or appointment letter need be examined in detail to find solution to your problem.
Amit Kant Sharma
(Querist) 22 September 2013
but sir my query is how we will come to know whether they have sent any notice to me or not , as i have left the organisation around 4 months before .
and all my colleagues has received the notice within a month and as informed above i was not available at home most of the time so how i can investigate whether they have sent any notice to me or not
Nadeem Qureshi
(Expert) 22 September 2013
there is no procedure to get information regarding notice except the employer
Kumar Doab
(Expert) 23 September 2013
What is this establishment: Commercial or Industrial?
You are located in which state and Redg. office of the company is in which state?
What is your designation and nature of duties?
All affected employees may unite and be witness to each other.
A lawyer would prefer to send legal notice by redg. post. If you have left from the last known address to the company the redg. cover would be returned.
If the company approaches court of law you shall be served with summons from court.
Your lawyer can very well represent you.
If you want all communications to be served to you (which is always better) then you may supply the latest address to company.
Or you may visit the area post office and inquire from postman/sub postmaster if any redg. post was returned? That may satisfy you.
Why are you so perturbed on the mere mention of ‘Legal Notice’?
If any legal notice is served upon you take it to your lawyer and your lawyer would know the fitting reply it deserves.
Resignation can be without Permission or Notice.
Notice period is part of service conditions. Service conditions are stated in statue, standing orders of the company, appointment letter/contract of employment………………
The service conditions stated in standing orders applicable to the company can not be negated in appointment letter and standing orders shall prevail upon appointment letter.
If notice period in standing orders is 1 month it can not be 3 months in appointment letter.
Nowhere it is more than 1month.
If you have served notice period lesser than stated in your appointment letter then company would adjust notice pay in FNF statement.
If notice pay is stated in appointment letter it is the max. Liquidated damages the party has to pay another one in case of breach of terms of contract……………………..
If you have copy of the resignation letter and its POD maintain and claim that you have properly resigned. If you have not served full notice period then you have served some notice period and thus you have not caused abrupt termination. Write to the company and demand FNF statement/settlement, relieving letter, acceptance of resignation.
Based on the reply you may proceed further.
During the notice period tendered and served by you company could have put his house in order and completed the exit formalities.
The company has to supply you the FNF statement for your acceptance and FNF settlement of your account.
Some companies and its HR personnel are bent on denying the relieving and claim loss and to hold FNF amounts of employees.
All employees may approach their lawyer as ap.
Amit Kant Sharma
(Querist) 02 October 2013
Thank you sooo much Mr. Kumar for your valuable comments this give me a relief
