Nagendra 09 December 2015

Company has charged shhort notice dues

Hi,

I have resigned from my previous employer and joined the new one. However in my FNF calculation previous employer has deducted short notice dues.

I had 90 days of notice period, however I had requested them for an early release in 45 days if possible. While putting my paper I was working from client location. Client had released me on 30th Oct 2015 from their project. My employer first tried to put me one project on 30th Oct, however in less than an hour they updated me that the requirement was for junior resource and I am senior so they cannot put me in that project and released me from company on the same day i.e. 30th Oct. They didn't even waited for me to come to office and complete my exit formalities, as per their policy. They told me to come on Monday, 2nd Nov 2015 to complete the formalities. They have given me releiving letter 3 weeks later. However in FNF calculations they have deducted money for short notice dues.

I have requested then to waive off that amount as I got released after getting approval/consent from management and HR department. They have released me earlier. I had never said that I will not serve the notice period. So they cannot deduct short notice dues.

Later on they have updated that as I got an early release from client side and client has not requested for my replacement, so they have lost business from client and that is why they are not reverting the short notice dues.

Please suggest how could I progress this further to get my money back from company. Or where should I raise my complain.

Thanks in advance for your valuable suggestion.

Regards,

Nagendra

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3 Replies

Adv. Yogen Kakade (+ 91 9225510883) 10 December 2015

Hi,

Send a legal notice to the company.. and if the company fails to give you the relief then labout court can be option for you.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in

Kumar Doab (FIN) 11 December 2015

You have posted that:

You were seconded to client and client released you and thus sent you back w.e.f 30-10-2015.

The employer was at lieberty to keep you in its office or second you again w.e.f. 31-10-215.

Instaed it asked you remain out of office and come to office on 02-11-2015 released you from employment w.e.f. 02-11-2015. This si termination during notice period and rather employer should pay you notice pay of 90days.

You may decline to accept FnF statement and settlement in writing under proper acknowledgment and demand to supply the correct FnF statement showing the computation of 90days notice pay payable by employer,leave encashment,bonus, remibursments etc, Form16 as per correct FnF statement, PF a/c slips,ESIC Card, service certificate,relieving letter etc...................so as to reach say within next 7 days by Redg. Post.

You may address all communications to good offices of appointing authority,MD,Chairman.

YOu must draft all communication carefully as the legal cell shall find faults with your own draft.

It shall be better if your representatiosn are drafted by your able labor law consultant-service matters lawyer.

T. Kalaiselvan, Advocate (Advocate) 19 December 2015

The employer cannot quote the client's reason for penalising you. That has no impact to your notice served on the employer nor the employer is entitled to recover the amount quoting some flimsy reason. This is an illegal act. You may issue a legal notice denying to accept the employer's assertions and demand your due amount.