Clause in appointment letter

It should be clearly mentioned in the appointment letter that  notice of One calendar months is required by either side for discontinuing the service or payment of One month salary in lieu of Notice. No reason may be assigned for such termination of service

Please note that their is a mention of payment in lieu of Notice period. This is as per  the Model standing orders. 

With regard to certificate of termination of service, as per section 16 of Standing orders, every permanent workmen shal be entitled to a service certificate at the time of his dismissal, discharge or retirement from service. Please avoid making own rule and strictly comply to the state rules.

The notice period/pay is part of service conditions shall be governed by enactments that are applicable to establishment/employer/employee and can't be different from such enactment and can be NIL/7/15/30 days.

You can not block service certificate or dues payable to an employee.

Unpaid dues are debt on employer and employee can proceed to file 'Winding Up' petition, Suit for recovery and criminal complaint say u/s406,420..................

Being a HR personnel remain neutral,unbiased and advise the employer sensibly.

Employer shall be and usually transfer the onus on HR.

Dear Sir, Hope you will not mind my writing to you for requesting your expert advice on the following circumstances. I have been working with HR recruitment and consulting firm, Karol Bagh, New Delhi since September 1, 2014. Recently I have resigned from the company. The reason of resigning was personal “my father is not in good mental condition’, and I have to take care of him. Also the company environment was becoming bad day by day. I submitted my resignation through email on August 17, 2015. However, after having a discussion with the director of the company, I tried to carry on my job. But suddenly another accident took place on August 18, 2015 my father went out from our home and did not come back till mid night. I informed about this situation to senior management and requested for leave. After that I decided not to join the company as my father condition was vulnerable. Letter on the company sent me an email on August 24, 2015, asking clarification on uninformed leave. Also they made an allegation for uninformed leave which is not true. The copy of email is as follows ----------------------------------------------------------------------------------------------- Dear Jyoti, We are surprised to note that you are absent from 19th August 2015 without any information. Also, as the work is suffering from your unplanned leaves, hence we have been trying to contact on your numbers (8860767836) but you are not responding neither have we received a call back. Please clarify on your uninformed leaves immediately before we decide on further course of action. ----------------------------------------------------------------------------------------------- I replied to this email on August 27, 2015, which is as follows. --------------------------------------------------------------------------------------------- Dear Sir, This is in reference to your email sent to me on August 24, 2015. I would like to bring in your kind notice that I had submitted my resignation due to some personal family reason through email on August 17, 2015, to the M.D., Selecting Consultants Pvt. Ltd.. The email copy of my resignation is attached for your reference. On the same day, I also had a detailed discussion with MD Sir, about my reason of leaving and family problem as well. However, after having conversation with MD Sir,.I tried to continue in my job and came on job on August 18,2015, but suddenly another problem occurred. "My Father is mentally unstable as of now; he went out from home in the morning of August 18, 2015 and did not come back till the night of August 18, 2015". I had informed this situation to Mrs. XXXX, and had requested for the permission to go home, If my father does not come till the morning of August 19, 2015. I am attaching screen shot of the message sent to ma'am. Regarding the phone call, I would like to inform you that I have not received any phone call from Selective Consultants Pvt. Ltd., inquiring related to my present status, If you prefer I would be happy to send you call details of last 8 days for your reference. Through this email, I would also like to inform you that at present my family conditions is very vulnerable, in such a condition carrying out my job would not be possible. I request you to kindly accept my resignation of August 17, 2015 . --------------------------------------------------------------------------------------------- However their reply of my email is quite frustrating. They have mentioned that they have been quite polite on my late coming. However the fact is they have regularly deducted my salary for the same, in no single month I have received my salary more than Rs. 19000/- , where as my salary is Rs.22000/-, and above that they have never gavin me exact explanation (in written or verbal) of how many days of salary they have deducted, and for what reason. Even, it seems that they have been deducting my salary for my sanctioned leave also. They have also asked for two months of salary as compensation of breaching of employment contract. A copy of the their reply is as follows -------------------------------------------------------------------------------------------- Dear Ms. Jyoti, We are at complete loss of words with the response received via your mail. It is not only violation of Terms of Employment signed by you but also has caused mental agony and harassment with the untimely and uniformed exit of the person handling sensitive clients and assignments. Please go through the Appointment Letter issued on 12th August 2014. As per terms of employment please arrange to give 2 Month’s Salary as you have not served notice period. We have not taken any disciplinary action till date inspite of your continuous and unjustified late marks and leaves as we understood that you are facing some problems on your personal front and in fact supported you through this time. However we have found that you have misused the Trust and Faith of the organisation and irresponsibly/untimely resigned causing direct business loss to the company by leaving without informing or serving the notice period/handing over sensitive documents/data. We shall be forced to take suitable legal action in case you are unable to pay the Notice Period Salary. Hence please arrange to send 2 Month’s Salary before 15th September 2015. -------------------------------------------------------------------------------------------- In their email, they have mentioned the date of issue of Appointment Letter is 12th August 2014, which is not true, I have checked my email and offer release date twice which is August 31, 2015. I request you to kindly suggest correct action, as I am no condition to pay the notice period money. Also this is causing a mention tension to me.

@ Jyoti,

Repeated Query:

https://www.lawyersclubindia.com/forum/Legal-notice-on-not-serving-notice-period-126435.asp#.VeWwf31-jMo

https://www.lawyersclubindia.com/forum/Termination-from-service-126385.asp#.VeWwMX1-jMo

https://www.lawyersclubindia.com/forum/Clause-in-appointment-letter-126379.asp#.VeWwdX1-jMp

https://www.lawyersclubindia.com/forum/Mental-and-financial-harassment-by-employer-126266.asp#.VeWwdn1-jMp