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Niketa   25 July 2016

Payment in lieu of notice period

Dear All,

This is a formal query , if employer is asking for payment in lieu of notice period where i worked for only 5 days.

I joined this company on 4th April, and continued working for 5 days. The reason for leaving the company was graveyard shift. I was not told before joining that I will be working in evening shifts. However, after knowing the fact, I resigned from the company sending an e-mail to my reporting boss and HR. To which my senior acknowledged and asked me to call him back. I sent this e-mail on 14th of April. This all happened during probabtion period. (within 10 days of joining).

Now the company is demanding an amount from me in lieu of notice period, which is even higher than the monthly salary there. 

My query is to know what all steps can we take in order to avoid such situations. 

Regards



Learning

 3 Replies

Kumar Doab (FIN)     25 July 2016

While initiating such query, employee should post full information for better impression e.g;

 

Did you menation the reason for leaving in notice/subsequent communication/resignation?

 

Have you been issued with appointment letter? Is notice period mentioned in it? 



You may post the exact extract from offer/appointment letter/agreement on termination/resignation,Notice pay in lieu of notice period,payment of wages, etc etc.

What is your designation and nature of duties in offer/appointment letter/agreement and on record/ in practice? Did you have any power (not just recommendation) to sanction leave/increment/appoint/terminate? Can anyone cancel/amend/change/alter your recommendations?



Is any date of payment of wages mentioned in appointment letter?


How was salary paid; cash/cheque/in bank a/c?

Did you sign any voucher? Do you have copy? Did you put date of payment on it?

You were in which state?


What is this establishment; Commercial/Industrial (Not confirmed by you)?

 

What is its line of business?



Does it have Certified/Model standing orders and does it apply to your designation? (  If yes confirm it is (Model/certified). 


Are you a member of employees/trade unions?


What was your last drawn salary in Rupees?

You were under probation/confirmed? Is it mentioned in appointment letter that you are under probation period?


Did company open a salary a/c for you, by signing introduction or it is transferring salary in your personal a/c?


Has it been supplying salary slips ( at least a day before date of payment of wages)?



Did you get I.Card, Visiting card,salary slips of all months, acknowledgment of notice/final resignation and acceptance, PF a/c number and a/c slips, ESIC card,Form16, service certificate, relieving letter  {Noted; Yes (with good comments, confirm)}, NOC/NDC, handover of charge/assets etc?


You have worked for how many months ( Noted;10days)?


How many persons wee employed in it and what was max. no. at any time?

Has your FnF statement bee supplied by the company and FnF been settled by company?

 

 

 

Niketa   25 July 2016

I joined there as Manager -F&A, 

No salary was processed, I did not receive any salary. Even my bank account was not opened.

Did you get I.Card, Visiting card,salary slips of all months, acknowledgment of notice/final resignation and acceptance, PF a/c number and a/c slips, ESIC card,Form16, service certificate, relieving letter  {Noted; Yes (with good comments, confirm)}, NOC/NDC, handover of charge/assets etc?

-No, I did not get anything from above. 

I have acknowledgement of resignation from my senior (he replied saying I am very disappointed with your decision to resign, please call me back to which I called him and he never respond to the call).

Rest of the things were not applicable (i believe), since i left within a week only. I am not even asking the company for any relieving/experience letter.

Kumar Doab (FIN)     25 July 2016

You haev not replied pointwise to all points.

It is required to help you.


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