I am working as a branch manager in a life insurance company in India. I have forwarded my resignation with a request to accept my one month basic salary in lieu of 30days notice period as per company norms & agreement. But employer is not responding & immediate boss is forcing to save 30days notice pay. So what should be my stand & line of action towards boss & organization.
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Whether based on harassing & delaying in accepting resignation can any one claim for compensation? ?
Does your appointment letter mention that it is at discretion of employer to accept salary in lieu of notice period
2) if so employer is at liberty to direct you to serve one month notice period and not accept salary in lie of notice period
3) serve one month notice period
can any one claim for compensation?
yes, you are entitled for compensation. you should file a case before the labour commissioner under workmen compensation act
or you can file a civil suit for compensation because insurance company is bound by the terms and conditions of the agreement hence causing such deliberate delay is an act of breach of agreement.
At the sole discretion of the company services are laible to be terminated without any notice or salary in lieu thereof in the event of breach of terms & condition but no such discretion clause is there regarding notice period or in lieu of notice period. So is it mandatory to me to serve notice period or can employer force to serve notice period
if there is no discretion clause regarding 30 days notice period then company cannot force you to serve 30 days notice period if you are willing to pay salary in lieu of notice period
If there is a clause in the employment offer letter that you can serve or pay for the 30 days notice, period, you may tender your resignation with a request to accept the same immediately and relieve you by accepting the payment in lieu of 30 days notice period.
You can send this by registered post, wait for reasonable period and then initiate legal process on this. The employer cannot force you to serve the notice period if it is not mandatory.
Whether based on harassing & delaying in accepting resignation can any one claim for compensation? ?
What is the compensation do you think that you can claim and what is the reason for compensation. Instead of getting deviated from the main subject, concentrate on your proposed resignation first.
At the sole discretion of the company services are laible to be terminated without any notice or salary in lieu thereof in the event of breach of terms & condition but no such discretion clause is there regarding notice period or in lieu of notice period. So is it mandatory to me to serve notice period or can employer force to serve notice period
You should go through the employment offer conditions and the notice period clause properly or at least you could have reproduced the same here.
Well even now you send a request with the resignation letter, let them quote the relevant rules and reject your resignation letter or instruct you to serve the notice period instead of payment for the same, you can take legal recourse accordingly after that.