it is at discretion of company to waive off the notice period
2) you have submitted your resignation and it was duly accepted by company
3) you dont have any case against your employer
I was released abruptly from my job during notice period against my will
I had joined a Private Bank on 23rd January 2017.As I had different plans I had resigned from my job on 12th July 2017 mentioning that 9th October 2017 would be my last working day as per the employment contract.The termination clause of my Bank-states that " The association can be terminated by serving a prior written notice of three month by either party to the other without assigning any reason whatsoever OR three month gross salary in lieu of notice period. In case you tender resignation from the services of the company,you shall not discontinue/stop attending the company/assigned work after tendering the resignation but before the same is specifically accepted by the company,you shall be liable for disciplinary action treating such absence as unauthorised and irregular.Please note that all disputes will be settled under jurisdiction of Guwahati High Court". But when I reached office on 1st August,2017 ,I found that I was given a mail at 6.44 pm i.e after office hours on 31st July 2017 stating that 31 st July 2017 would be my last working day and that I was released from my job w.e.f from 31st July and that my notice period was waived off.I had no idea that I was about to be released. After I questioned the Bank,they justified that they took this devision as they were not able to provide me with any substantial work and hence it was affecting the productivity of both the parties.They also justified that they had released all those who had resigned,hence I was also released in principle. Kindly suggest how I should fight this case. What is the merit of my case
Asked 8 years ago in Labour
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10 Answers
But can they do that without paying me for the rest of the notice tenure
Asked 8 years ago
1) in case you resign you have to serve 3 months notice period
2) in case your services are terminated management would be liable to pay you 3 months gross salary
3) in present case you resigned . company can accept your resignation with immediate effect . need not pay you for the rest of notice period
You need to ask what is the criteria of waiving off your resignation. If you are not satisfied with their reply, you can press for your three months salary. Further you have been given the email from bank after you served the resignation which seems afterthought from bank.
That is said that you have been removed unilaterally, and the bank is equally obliged to serve the terms of the agreement so entered
If the bank is not obliging with the terms then serve them with a legal notice and thereupon file a suit for breach of contract.
Regards
1. You had intimated the company that you will resign after serving the 3 months notice period. The notice was given by you on 12th July, according to which 9th October will be your last day in office. Thereafter, the company waived off the notice period with effect from 31st July 2017 and relieved you. There is nothing illegal done by the company. After an employee resigns and commences the notice period the employer can always waive the notice period in entirety or part.
2. The company is liable to pay you only for the services rendered till 31st July.
Hi, it is first advisable to serve them a legal notice, for the illegal termination asking for the compensation and the due salary .. The termination is illegal and immoral as per labour act .. If they fail to compensate, you can file a complaint against the company in the labour forum
Since you were willing to serve during the notice period, there was no occasion for the bank to waive off the notice period for you; and even if they were to do this, they ought to have paid you for waiver of notice period.
Did you raise your claim at any time after 31 st July 2017 ? If yes, your case can be pursued further.
Send a legal notice seeking 3 months salary in lieu of waiver of notice period by bank.
If the bank or the employer relieved you after waiving the notice period and settling all the dues to you till the time of your employment, what is your problem.
You sought for the relief of resignation by serving the notice period, the employer has accepted the resignation waiving the notice period, in my opinion there is no legal infirmity in it.
But can they do that without paying me for the rest of the notice tenure
Your request for resignation was duly acknowledged by the employer and the clause for termination was been properly invoked, so you cannot claim payment for the unserved notice period, if you claim the payment for notice period which you have not served, it is not legally justified, you should be happy that the employer did not insist on the payment of notice period or made you to work that period too.