Forced dual employment
Ankit Jagota
(Querist) 19 May 2018
This query is : Resolved
Hi,
I had put down my papers at Vodafone, India on 20th March 2018, stating that i wont be able to serve notice period of 30 days and my LWD would be 31st March due to personal reasons. My RM kept on delaying to revert on mail, but kept saying its all good an it will be accepted.on 22nd i got a conformation from my current employer about my offer and they demanded joining on 2nd April, After discussion with my RM, I accepted the offer. On 28th March, suddenly out of the blue the HR calls up and stats bossing around saying it is not allowed to wave off the notice period as per policy and you are bound to serve it. Which wasn't possible for me. I got a revert the same day that my resignation is accepted and my LWD would be 19th April. to which i reverted with explanation that it is not possible for me as my wife had a medical condition which needed to be addressed urgently and I was in no condition to continue.
I never got a revert from anyone after my mail. finally i sent a mail,( RM, HR, ZM) stating that i wont be able to continue and let me know the deductions i am ready to accept all F&F conditions.
However No one reverted. I have soft copies of all my communication.
I joined the new firm on 2nd, but i fell sick that night and had to be admitted the next day.
I sent a mail on 2nd requesting all to proceed with my F&F, and also mentioned that i am in no condition to come and handover my laptop, and asked if someone can come on my behalf. or it was possible to submit it at the Zonal Office. No one reverted.
I was out of bed on 11th, and i visited the circle office on 13th to hand over the laptop. after a long argument with the HR, it was decided that 2nd was the best they could consider my LWD and they had "mistakenly" credited my March salary, which was not supposed to happen, and since it was 13th April, they had closed the year and couldn't make a "Backdated entry" and 1st was a Sunday.
But now i received a F&F mail stating my F&F calculation till 13th April. I have to revert by 23rd if i accept the calculations; to which I have decided to decline as My official last working day was 31st March.
It seems my HR is hell bent to prove that i served my notice period, to hide her "mistake" of paying the march Salary.
I never got a proper revert , and the policy clearly states that it is mandatory to serve the notice period, but in certain cases which might involve Medical emergency the HR can take a call by discussing the case with the concerned RM and ZM.
There was no circular or a mail stating that the policy has been revised.
Please suggest on how to deal with this situation.
Guest
(Expert) 20 May 2018
You do not seem to have discussed the factual position of your case appropriately.
As per your description, dual employment cannot be said to be forced on you. It was voluntary on your part to accept the other employment without getting your resignation accepted and relieved from the last post. Your plea of medical ground of wife cannot be sustained in the case of your Vodafone employment, when you joined the new employment without caring for the stated medical conditions of your wife. Medical conditions applies in both the employment positions. In fact, you were required to fulfill the twerms & conditions of your appointment with Vodafone.
Your F&F was also subject to NOC from various department of your company after deposit of the assets of the company in your possession.
So, you may better discuss you case in detail with reference to the case related papers of both the jobs and the clinical test reports of your wife.
Ankit Jagota
(Querist) 20 May 2018
Factual Details Of my case:
1) The policy clearly stated that if an employee does not serve notice period the Basic pay will be duducted in this case. The process to wave off notice period involves a discussion with the HR and concerned reporting managers.
2) My orignal medical record was submitted to the HR team for verification, which they said was "Misplaced" by them.
3)My case was discussed on 13th when I could finally get out of bed and and come to the office for handing over my laptop. Before that no one bothered to revert to my mails, messages or calls. On 2nd I had asked if someone could come on my behalf to submit the Laptop as I was not in a condition to travel.
4) The statement for HR team is "How could join a company when you were sick." I joined the company on 2nd April and I was admitted on the 3rd of April.
5) Despite sending 3 mails and calling several times no one from the office reverted. I have just one mail of my resignation acceptance and it stated my LWD would be 19th to which I had reverted it is not possible for me to do it.
6) I had accepted the offer only after discussing with my RM.
7) They credited my March salary despite the fact I had resigned on mail and on the portal on 20th March.
8) After discussion on the 13th We had come to a conclusion that My Last working day would be 2nd. And now they mail me a F&F letter with my LWD as 13th. I will not confirm it to the payroll team as the date is incorrect.
9) The HR is aware that it will land me in a dual employment if I accept this F&F. Which inwill not. Despite the discussion the only excuse that give is We cannot make a back dated entry. When I ask why wasn't my case discussed and settled before 31st March and why no one reverted to my mails, they start bossing on me by saying "Mail bhejane se kya hota hai?!" These are the exact words.
Please help.
Ankit Jagota
(Querist) 20 May 2018
Factual Details Of my case:
1) The policy clearly stated that if an employee does not serve notice period the Basic pay will be duducted in this case. The process to wave off notice period involves a discussion with the HR and concerned reporting managers.
2) My orignal medical record was submitted to the HR team for verification, which they said was "Misplaced" by them.
3)My case was discussed on 13th when I could finally get out of bed and and come to the office for handing over my laptop. Before that no one bothered to revert to my mails, messages or calls. On 2nd I had asked if someone could come on my behalf to submit the Laptop as I was not in a condition to travel.
4) The statement for HR team is "How could join a company when you were sick." I joined the company on 2nd April and I was admitted on the 3rd of April.
5) Despite sending 3 mails and calling several times no one from the office reverted. I have just one mail of my resignation acceptance and it stated my LWD would be 19th to which I had reverted it is not possible for me to do it.
6) I had accepted the offer only after discussing with my RM.
7) They credited my March salary despite the fact I had resigned on mail and on the portal on 20th March.
8) After discussion on the 13th We had come to a conclusion that My Last working day would be 2nd. And now they mail me a F&F letter with my LWD as 13th. I will not confirm it to the payroll team as the date is incorrect.
9) The HR is aware that it will land me in a dual employment if I accept this F&F. Which inwill not. Despite the discussion the only excuse that give is We cannot make a back dated entry. When I ask why wasn't my case discussed and settled before 31st March and why no one reverted to my mails, they start bossing on me by saying "Mail bhejane se kya hota hai?!" These are the exact words.
Please help.
T. Kalaiselvan, Advocate
(Expert) 21 May 2018
From your contents it appears that you have taken law into your hands.
The problem is that you have sent the mail about resignation and did not follow it up stating that there was no revert.
The email revert is either the same day or the next day, you also know about it.
If there was no communication from the management after a few days also, you should have sent the confirmation by registered post or handed over the hard copy in person and obtained an acknowledgement.
These lapses from your side is the reason that it paved way for all these blunders.
Even now if you take a stand that your laws working day was 31.03.2018, you can return the excess amount paid to you in the name of salary and F&F by a cheque with a covering letter explaining the circumstances under which this excess amount was paid to you and request the management to correct their records and issue you a letter relieving you on the basis of your original resignation letter by which you had your last working day on the said date.
This communication along with the cheque for the said amount, a copy of the resignation letter and the correspondences if any from the employer side, may be enclosed and sent to them by a registered post with an acknowledgment card.
This communication will help you to fight your case legally, if necessary in future, you may consult service law practicing lawyer in the local for all such further suggestions.
