Dear All, I have in a situation right now. It would be really helpful you guys could help me out here. So, I resigned from this XYZ company, based in Maharashtra (its a research and analytics pvt. Ltd. firm). The reason for resignation being a better job opportunity. However, the new firm is startup and has low headcount (less than 10-15) and hence requires me to join within 2 weeks as the person whom I will replace will be leaving in a couple of weeks. Post discussion with the Management here at my current company, I have verbally accepted to pay for 2 months remuneration for notice period not served. Lets assume I have paid my dues for not serving notice and my queries are : 1) Am I entitled for FnF? since I've kept my obligation as per the contract letter and I am willing to pay for the notice period not served. [If am entitled to FnF and however the Management/HR denies or withholds, please suggest what actions can I take.] 2) Can the company withhold my releiving letter? [If am entitled to releiving letter and however the Management/HR denies or withholds, please suggest what actions can I take.]
Dear Client,
What is the terms of appointment letter - whether it was discretionary on part of your company to waive notice period in lieu of 2 months salary or its a option in AL, IF an option than FNF cannot be withhold .
Depends on company officials, even if u are right, they can hold illegally , So, manage things for amicable revilement and if once they agree with waiver and issue order/letter than non can hold anything of urs which u r entitle to except no dues.
1)you are entitled to full and final settlement as you have fulfilled your obligations under the contract
2)if management refuses issue legal notice to company yo clear your dues
3) you can file summary suit to recover your dues
4)the company should issue you relieving letter . if company fails to do issue legal notice to company
So this his how the terms were : Resignation from Company's service should given in written with at least : 1) 1 month during first 6 months of joining, 2) 2 months for other at all others and all levels. The company may, at its sole discretion agree to reduce the notice period and accept your payment to the Company in proportion Remuneration in lieu of notice. Further the company may summarily dismiss you from servicesor terminate your employment without notice or payment in lieu of notice.
it is at discretion of company to accept salary in lieu of notice period
As advised! in most cases, company keep this veto,
Well, you are advisable for amicable revilement without notice periods, ( Use ur contacts with seniors in company ) otherwise u will left with no option than to serve notice period.
If you have fulfilled your obligations as per the terms of the contract then you are eligible for the full and final settlement
Talk to the management for relieving your amount and if they fail to do so, serve them with a notice period.
Regards .
In your case though it is upon discretion of the company but the amount can not be held arbitrarily.
If they fail to settle the dispute after the legal notice, file a summary suit for recovery of your dues.
Regards
1. Yes, you are entitled to FnF and if the same is not being cleared, you should immediately shoot a legal notice to the HR/Co. seeking the forthwith clearance of the same.
2. No, the relieving also cannot be withheld.
I've gone through the recitals pertaining to termination in your agreement. They cannot withhold your relieving certificate and FnF on strength of this. Send a legal notice to them forthwith.
1) Am I entitled for FnF? since I've kept my obligation as per the contract letter and I am willing to pay for the notice period not served. [If am entitled to FnF and however the Management/HR denies or withholds, please suggest what actions can I take.]
If your employer accepted your resignation and also the payment in lieu of the notice period then you are very much eligible for the F&F settlement benefits. If the management refuses to release the F&F settlement then you may initiate legal action as per the terms of the employment offer letter.
2) Can the company withhold my releiving letter?
[If am entitled to relieving letter and however the Management/HR denies or withholds, please suggest what actions can I take.]
If you have followed the procedures as per the terms and conditions for resignation then the employer cannot legally withhold your relieving letter, you may issue a legal notice demanding the same, however you should have sent the resignation by a registered post at least you should have an acknowledgement for this.
Further the company may summarily dismiss you from servicesor terminate your employment without notice or payment in lieu of notice.
This is an arbitral clause inserted by the company which cannot be legally maintainable if taken up with a court of law.
Right to work is the constitutionally protected right.
You can initiate legal steps if aggrieved by the above clause.