Resignation
RAJIB
(Querist) 08 September 2009
This query is : Resolved
Can any body help me with followings :-
I was working with a Electrical Major for their project at Maharastrain and on probation. As per Appointment letter no notice period is required if I am terminated during probation. I hv resigned from service with immediate effect and send resignation to my superior & HR Mgr mentioned in LOI and Appointment Letter via EMail and confirmatory copy thou UCP and left site. Now after about I month that company send me notice to joined back at site otherwise to take legal action.
(1) What action that Company can take legaly.
(2) As level playing field if the employer have the right to terminate without notice it is not the right of emplee to do so?
(3) I was thou designated as "Senior Officer" but worked at clerck like making voucher, keeping account etc. and not ever approved or engaed any person not have any administrative power. My CTC was 3.5L
(4) My full and final payment has not been made by that company what remady I have to get the same.
riven
Raj Kumar Makkad
(Expert) 08 September 2009
Mr. Rajib you should mention each and every clause of your appointment letter so that proper answer of your question may be given. Generally terms of appointment qua leaving the job remain same for employer and employee but in some circumstances where the employee is trained by employer and expenses are met by him, in that case the terms in this respect may be otherwise. Better you contact me on my cell 09416058227 during evening hours. I shall advise you properly after hearing the terms of appointment letter. You can send a representation for clearing your final dues.riven
Suresh C Mishra
(Expert) 08 September 2009
yes i also agree with sri Raj Kumar Makkad that full and final settlement of dues may be depend on the terms of contract/ appointment letter or the certified standing orders of the company regarding the notice period of resignation and in such a case only salary of notice period may be deducted , rest of the complaint regarding the work etc are meaning less when you have resigned and no body can be foreced to work except any bond executed accordingly.
riven
H. S. Thukral
(Expert) 18 September 2009
Kindly do not bother about the notice from the company. As per terms of the contract you have resigned. If in the notice the company has not mentioned about any property which has not been returned by you, you ignore the notice. As far as your dues are concerned you have to file a suit for recovery in a civil court. However as you have said that primarily your duties were of clerical nature, you can attempt to recover under the industrial law which would save you court fee.riven
