Dues and relieving letter not getting

The MD has tricked you.

An employee of your vintage should be seasoned and mature to understand the tactics and should not act in heat of the moment.

If you have tendered notice of resignation with notice period stated in it or has stated as per company’s policy you may get some relief.

If you have resigned with immediate effect, then you are liable to tender notice pay.

If the resignation has not been accepted in writing, approach the nearest labor consultant/service lawyer and evaluate the option of withdrawing the resignation.

Notice period is part of service conditions and stated in offer letter, appointment letter, standing orders (certified/Model), statue…………………….

If the company has its certified standing orders you may obtain and go thru these……………and check if these are extended to your designation.

If notice period is 1 month in standing Orders it can not be more than 1 month in appointment letter. Standing Orders shall prevail upon appointment letter. Standing Orders should be displayed at conspicuous place or notice board. Employee can obtain copy from employer against a nominal payment say Rs10/…………………………………and also from certifying officer (DLC) against a set fee……………………… 

You have stated your designation as Manager and notice period as 4 months (subject to the company’s discretion)………………………………

4 months notice period for an employee appointed 9 years back seems to be unusual until or unless you were at a very senior position.

Although designation alone does not decide employee is a workman or not it shall be appropriate to approach a competent and experienced labor consultant/service lawyer and you r lawyer can opine if you would be covered as ‘Workman’ as in ID Act or as ‘Employee’ as in Shops and Commercial Establishments Act or not.

Probably you are referring to the statutory bonus. It should have been paid by 30th Nov or penalties can be levied.Demand payment in writing by redg. post.

If this is not disbursed approach o/o Labor Commissioner………………..

You are eligible for Gratuity also. {If you have decided to separate submit formI by redg. post.}

The lawyer that has seen all of your docs and has analyzed your inputs can advise you the best.

Dear Sir,

Thanking you for your kind advice.

Best Regards,

Sushil Kumar

Hi

I'm working in the Pvt Ltd company in Mumbai, and have planned to move on with my Career...but my company has very unfriendly policy which reads as follows "

Termination of employment

Associate may resign, by giving written notice in accordance with the following table taking account of your grade of employment at the time written notice is given:

Operational Grades                                    1 Month Notice

Management & Senior Management           3 Month Notice

Executive Management                              3 Month Notice                         

You have agree and confirm that the Company requires the above notice periods to find and train a suitable replacement to take over the duties handled by you. Also, in case you do not complete your notice period, the services rendered by the Company to its Clients will be disrupted, thereby causing loss and damage to the Company. 

In the event of short notice, you have agreed and undertaken to make a payment in accordance with the following table taking account of your grade of employment at the time your employment terminates as liquidated damages in addition to the gross salary for any balance notice period that has not been served by you, in favour of the Company, which liquidated damages being the agreed, genuine predetermined estimate of damages duly agreed by you (not being a penalty) which will be caused to the Company should you breach this condition.

Management & Senior Management  Rs. 3,00,000 [3 Lakh]

Executive Management                     Rs. 6,00,000 [6 Lakh]                        

If you fail to attend work during your notice period for reasons of illness, accident or other crisis, the Company reserves the right, at its absolute discretion, to extend your period of notice by a length of time up to but not exceeding the period of work that you have missed.

If for whatsoever reason you fail to work the full period of your notice you shall in addition to any the above, forfeit monies due to you from the Company, including outstanding leave payments if any.

You also expressly agreed that the Company shall have the right to pay you salary in lieu of notice at its sole and absolute discretion.

After termination, the Employee shall not undertake any act that adversely affect reputation of the Company. Terms pertaining to confidentiality, non-compete, non-solicitation, dispute resolution, intellectual property shall survive the termination. At any time following the effective date of termination of this Agreement, you shall reasonably cooperate with the Company in any litigation or administrative proceedings involving any matters with which you were involved during your employment."

Which I think is unfair I'm ready to pay Short notice amount for notice period not server. Please let me know what can be the way out.