• Notice period calculation

Sir, I just resigned (Nov 23rd) from manager post after 15 yrs of service on medical ggrounds- both me and my famyly.For me spinal cord issue and and advised for 3 months rest in June itself. But since our Hr was beourdHre and bullying me with psychological irritation for last one year with spying and prying / cross checking on my every single leave I didn't asked for 3 months and took one month leave in July and even attended office on critical days. I report to (SR.VP- all 15 yrs) also have a part as n July on my medical leave disturbed me with lot of assignments and advised Hr to cross check which he was already doing. On my review in August it is diagnosed that I have disc bulge / protrusion of L5-S1 and definitely need to take 3 months rest with a medical certificate failing I might end up surgery anytime on aug17th. Due to bad experiences of previous leaves I compromised treatment and continued work for 3 months by teaching all my work to my team and resigned last month end as I came to a stage where I will break down after discussing with my boss.Our company never showed or been clear about their policy but claims that it is their policy in oral for everything as per their convenience and their only intention is to extract money in all ways and means. My appointment order on 2002 it was never mentioned of any notice period at that time.(I joined as a sportsman at that time later absorbed in administrative line on 2005). My privileged leave was average 70 to 80 every year in last 10 yrs and no encashment or credit happened . neither consider for encashment nor for notice period waiving as all becomes zero. Genuine medical reasons are not considered for anything. Variable pay is manipulated a lot and says no carry over as my unclaimed variable due us RS.50000/-. Only in time noted and not out time as my nature of work will occupy 75 hrs a week easily. Last year promoted to manager after 7 yrs but no increase in basic. For all one answer company policy which was never given to any newly joined too. I f anything asked only answer is whether you want relieving or not and even your carrier is in our hands as my feedback is needed for your next company. I am not looking for any job but mainly wants to leave this company who don't value anything and how to come out safely. Says all rules are applicable for workers only and not management staff. Can anyone suggest something coz my worry is more than losing money the Hr tomorrow extract money from many others cuting see even a 15yrs employee with all genuine reasons paid and went. Also they already hold my salary for 48 days (Oct 20th to Dec 5th) + have 35 days of my leave+50000rs cash of mine. I notified Dec 6th as my last day and couldn't go due to ill health and informed will compensate another day.
Asked 8 years ago in Labour

7 answers received in 1 day.

Lawyers are available now to answer your questions.

10 Answers

Unless and until the amount you are informing to be entitled to is documented like in any agreement then it s very difficult to establish and recover the same in court though verbal agreement is also a valid for of agreement.

As regards the admitted dues the company is bound to reimburse the same within a reasonable period of time or almost simultaneously with your quitting the same

So if in your case even after quitting or resigning within a time frame you can file a civil suit which since takelot of time it is advisable that you lodge complaint with police for cheating and criminal breach of trust.

once FIR is registered you will soon get your money back.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Send a detailed Legal Notice, and seek payment of your dues after the full and final settlement of your salary account. Give complete details under separate heads of all your payments/remunerations that have been in arrears, such as leave encashment, bonus etc.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

What is clause in your appointment letter regarding notice period

2) you ha e to serve the notice period as per terms of your appointment letter

3) if you are unable to serve notice period request management to waive the notice period

4) rely upon your medical certificate wherein you have been advised complete bed rest

5) also request company to clear your outstanding salary arrears and settle your account

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello sir , the dispute and compensation that you are seeking shall be entertained and granted by labour forum/ court .. All the above details are a matter of case and will be decided by court on merits

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

It is st discretion of company to waive off the notice period

2) if you fail to serve the notice period company can deduct your salary for shortfall in notice period

3) on humanitarian grounds company should waive off the notice period

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Please tell us about the clause with regards to the notice period in your appointment.

If however, you are not complying with the terms of the notice period then the company can execute its performance.

Request the company to waive off your notice period by showing the medical certificate.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Waiving off the notice period is the discretion of the company, give a letter to the company to waive your notice period since there are medical conditions involved.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Have you communicated your decision to quit the job by giving them sufficient notice as is envisaged in the rules which can be found in the employment offer letter and whether this notice was sent by registered post with acknowledgment card or have given the same in writing in person to your boss and got his acknowledgment for the receipt in the copy held by you?

After having followed the above procedure properly, if you dont get a proper relief on time, you may escalate the matter to the top management with a request to settle your dues at the earliest possible and secure this copy also safely.

After this you may send a legal notice demanding your dues as a first legal step in this regard followed by a recovery suit through a civil court.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Please spare for some spelling mistakes in between as I typed all from mobile. Pls read beourd as behind / cuting as citing.

The spelling mistakes have been ignored while making sense of the contents printed therein.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Also my company is one of oldest amalgamation group and guess comes under factories act or shop and establishment act TN. Is it not mandatory that they should credit for unused leave every year or once in 3 yrs because that alone will mount a lot even calculated with basic for 60 days average every year. When I asked the boss he admitted but only supported hr.

The company's policy cannot violate the labor laws of the country, hence you may make a demand for that also separately ignoring the HRs' own decision hampering your rights.

Can an employer or hr hold salary of worked period without intimating in writing coz as an exit employee we have to only nod or listen quiet whatever I said.

This act con be considered as an illegal act and high handed one. You can fight against this evil.

If I am asking these questions on which act or section can I ask them. Due to so many amendments and policy differs from company to company without they are transparent about policy couldn't question on anything. I am in last phase as my letter is ready and me only has to go to collect and how I will know how they made and whether anything fishy in that.

While you decide to initiate legal action through a lawyer, you dont bother about the section or provisions of law for making this genuine demand, your lawyer will take care of such issues.

. Is that I have to surrender meekly for a clean exit.

Don't do that, you can fight for your rights till you get justice.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer