Full and final settlements
Querist :
Anonymous
(Querist) 26 July 2011
This query is : Resolved
Sir/Madam,
As per my offer letter, I have to serve the notice period of three month before leaving the job. In Oct’10 I resigned from the organisation and requested the manager to get release me early, but he declined and forced me to serve the notice period of three months as per mandatory company policy.
My new company was not agree to wait for more than one month and unfortunately my offer got lapsed and I continued my services as it is in the same organisation (the proof of theses mails I have)
Later on, after four months, in Feb’11 I resigned and requested to get release me early, this time my manager released in a month, but later on I came to know a substantial amount has been deducted from my full and final settlement as the recovery of not serving the remaining period of three month.
My concern is, if three month was mandatory he should not release me prior as he did in Oct’10, if he release me prior he should not deduct the amount.
That recovery decision was taken by the manger not by the company.
He followed two different polices with me and proved that it all depends on his wish and decision, when to release someone or not.
I sent too many gentle reminders up to 4 level of hierarchy manager, but none of them is replying.
Please suggest what to do in that case? Is there any hope as per company law to get back my amount? And what to do in that case?
Thanks in advance
Kumar
jatin sharma
(Expert) 26 July 2011
hi, your query is not clear. but at first stage you given resign to manager prior three months in that case u can recovered your payment by way of suit but if you give him second notice of resign after first notice and four month later of first resign. in that case your time lapsed only one month and he release to him prior three month and notice was given by you.so you can't recovered your pay as per rule.
Querist :
Anonymous
(Querist) 26 July 2011
Hi Jatin,
Thanks for the quick reply, yes you are right that was my second resignation on feb’2011, but as per company policy he should not release me prior serving the notice of three months, he should decline my request of early release as he did in the month of oct’10 in my first resignation.
If he could release me early in Feb’11 then why he didn’t release me in Oct’2010.
My concern is why he followed two different polices? In Oct’10 he didn’t allow me to release early (for which I requested) but in Feb’2011 he released me in one month (for which I requested). Even no one inform me about any such deductions.
He moulded polices as per his wish.
If he released me early (for which I requested)then he don’t have right to deduct the amount.
Request for yous suggestions.
Thanks and regards
Kumar
R.Ramachandran
(Expert) 27 July 2011
It is the Company's prerogative either to insist three months notice period, or to deduct the salary in lieu of the shortage in notice period. This is being dictated depending upon the exigencies of the services as perceived by the Company. If you wanted to serve the notice period, then you ought to have served a notice saying that from such and such date I want to be relieved, and take this as my notice, and my notice period of three months would be from ... to .....
jatin sharma
(Expert) 30 July 2011
first of all you have to read your job agreement and their mention rule and condition which will be helped you to find the right path.
