Is notice period applicable in my case?
AUROBINDO BHOWMICK
(Querist) 25 May 2013
This query is : Resolved
Dear Sir,
After retirement(58 years)from a construction Co, I have joined Simplex Infrastructure Limited, another construction co (on two years contract basis) as Project In-charge.
After 17 months and after completion of the project, the higher Management had sent me to a running project in another city but without any official transfer letter. I worked there for 10 days and went for a pre planned leave. After availing leave, I have submitted my resignation reasoning my poor health and age and placed several request them to release my balance payment.
Ultimately they have issued me a pay slip which shows that the balance to be paid to me is NIL as they have recovered one month notice pay from my due payment. Even they have not paid me the return air fair from the city (where I have last worked) to my Home town.
I have worked with this organisation based on an Offer Letter only. They never issued me any Appointment Letter nor any confirmation letter, confirming my service through out these 17 months.
Please advice whether Simplex can recover from my due payment against notice period. If not then please suggest what to do next.
ajay sethi
(Expert) 25 May 2013
you have been appointed for 2 years on contract basis . what were terms and conditions of your contract .
you have stated that you have not been issued any appointment letter by company. in such case where there is no notice period specified company ought not have deducted one month salary .
in addition you would be entitled to transport expenses if you have been posted on another site .
send a letter to company mentioning that the deduction of one month pay is illegal. request company to reconsider deductions made
AUROBINDO BHOWMICK
(Querist) 25 May 2013
Dear Sir,
Simplex issued me only “Letter Of Intent” and it is written in the letter that Formal appointment letter with detailed terms and condition will be issued to me on joining.
From joining to till the date of resignation they have not issued me any appointment letter or such type of things.
Please advice what should I write in the letter?
Thanks and regards,
Aurobindo Bhowmick.
V R SHROFF
(Expert) 25 May 2013
"I have submitted my resignation reasoning my poor health and age and placed several request them to release my balance payment."
In my Opinion, it was your mistake.
Instead of submitting your resignation, you should have only submitted your Medical Certificate, as only 7 months were balance, and it was your last assignment/ Consultation period for Two Years.
[Assumed: You claim poor health, means you do not want to join another company immediately]
Abruptly resigning, when you were bound for 2 years, is breach from your side. , So better was Sick Leave, which is unlimited for Sr Position.
you did not plan well before submitting Resignation.
Usually all company appoints retired experienced person to start new project with promising high rewards[not in writing], and kick them off, harass to compel to leave, the moment project is over, and you r no more needed.
R.K Nanda
(Expert) 25 May 2013
no more to add.
Raj Kumar Makkad
(Expert) 25 May 2013
I do agree with the experts on this issue.
