Resignation, notice period, overtime
I joined a IT company based in Pune as Assistant Manager in 30th September 2013 and resigned on by sending mail from my official mail id on 4th December 2017 (citing personal reasons) by giving a notice of 2 days (my notice is 3 months). The company didnot accept the resignation in writing.
Verbally, the HR and top management communicated the following to me:
- They cannot accept my resignation
- They didnot agree to my proposal of buying the notice period and issue experience and reliving letter
Notice period clause in my employment contract is as below:
"You may quit the company at any time with a notice period of 3 months. Company may also conclude its employment relationship with you at any time without assigning any reasons with due notice or salary in lieu thereof. The Company reserves the right to pay or recover salary in lieu of notice period and to relieve you before the expiry of the notice period".
There is no reference of notice period calculation in the HR policy.
During my tenure from September 2013 to November 2017, on an average, I have worked 70 hours a week (as per HR policy, I need to complete 45 hours in a week). I have printout of my attendance record for my personal record. However, I have never been paid any overtime by the company.
On the date of resignation, I had 50 days of leave. Leave encashment policy of the company states that the encashment would be on monthly basic salary.
Recently, I have received a letter from the company asking for notice period recovery (and have threaten to take legal action if not paid within 15 days) . The recovery of notice period is done to my Total Monthly Salary (employment letter has used the word salary and is silent whether it means basic salary or total salary). In the recovery amount they have adjusted the leave encashment.
Queries are as below:
1. Can they initiate any legal action?
2. As per various Acts like PF, etc. salary means Basic Salary and DA. And I am willing to pay the notice period on Basic Salary and DA. Is it wise to approach them with this idea?
3. Can I send them a letter asking for overtime for the 4 years?
Asked 4 years ago in Labour