Non-payment of notice period
Sandeep
(Querist) 02 July 2016
This query is : Resolved
Hi I was working as a confirmed employee in the HR department of Hero Fincorp Ltd which is registered as a Limited Company under Shops and establishment Act.
I have tendered my resignation in the month of June and Was relieved on the same date itself. As per my Appointment Letter, Either the employer or the employee has to give 90 days notice. In my case , I was not allowed to serve the notice period nor given any compensation in lieu of.
Kindly suggest the future course of action. Can I take it forward to Delhi Labour Court ?
Kindly help. It's urgent.
Best regards
Sandeep Bagga
Sandeep
(Querist) 02 July 2016
Kindly help.
Guest
(Expert) 02 July 2016
What was the language of your notice? Whether you mentioned that the notice is 90 days period?
Sandeep
(Querist) 02 July 2016
I have written as follow :-
Due to some personal reasons, I'm resigning from the post of. . . . . .
Kindly relieve me from my roles and responsibilities.
Sandeep
(Querist) 02 July 2016
I forgot to mention the requested relieving date in my resignation.
Guest
(Expert) 02 July 2016
So, they relieved you the same day. Where is the fault of the management when you did not give notice with specified notice period. Language matters much. Don't you think that you made the biggest mistake by making a mention, "I'm resigning from the post of. . . . . . Kindly relieve me from my roles and responsibilities." By that you gave full discretion to the management to relieve you any time and charge you with the notice period pay.
There was no question of giving any compensation to you in lieu of notice period, as it was your voluntary resignation, not termination by the management.
Now you can only take a lesson from your mistake for the future.
SUPER SPECIALTY SERVICES FOUNDATION (INDIA)
prabhakar singh
(Expert) 02 July 2016
I forgot to mention the requested relieving date in my resignation."
and this was a blunder on your part.Blunders in writing creating room for discretion for other parties can never be cured.
Kumar Doab
(Expert) 02 July 2016
The query was also posted at:
http://www.lawyersclubindia.com/experts/Non-payment-of-notice-period--605976.asp
Kumar Doab
(Expert) 02 July 2016
The management has jumped to accept the resignation as resignation with immediate effect.
It is your error and your loss.
The employee should retain access to a very able labor Law Consultant/service matters lawyer....................and consult before acting on one's own.
Thus the grave errors can be avoided.
If you as a HR person that is expected to know the legalities, can err, then others employ's that do not have exposure to such matters in their routine job like HR , can also commit errors.
Sandeep
(Querist) 11 July 2016
In continuation of this mail,I have got legal notice from company asking me for three month notice period payment but I have got proof of relieving on mail(since my personal id was there in bcc )from my boss. They have declared me absconding whereas in my mail It has been mentioned that I have got relieved on 14th of June.
Kindly suggest what future course should be taken ? Can I drag them for harassment?
