Hi. I was working in \"XX\" company for 5year 6month. I resigned company. the gave me notice period for 2 months but i requested already that \"I have uncontrollable Problems, so release me early.\" I attend my 20 days of my notice period. and I left the company without completing my notice period. but I already mentioned in my 2nd application that \"I am not going to serve my notice period. I am ready to pay for the remaining days of my notice period. so adjust the pay with my Salary or with my pending leaves.\"
but company were hold my salary for the month. not responding for any latter. they are telling me that we are not going to clear your case. they are not accepting my exit formalities.
Now I am in mess that company is not giving me the re-leaving letter, My experience latter, my Salary,leaves. and my gratuity too... How should Clear all my formalities..
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From India, Pune
but company were hold my salary for the month. not responding for any latter. they are telling me that we are not going to clear your case. they are not accepting my exit formalities.
Now I am in mess that company is not giving me the re-leaving letter, My experience latter, my Salary,leaves. and my gratuity too... How should Clear all my formalities..
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From India, Pune
They have no rights to hold your letters as according to the rules they should only adjust your basic salary against your notice period.
From India, Delhi
From India, Delhi
Dear Vijay, You need to talk to your former employers and try to persuade them, but let me tell you the option of accepting payment for the unexpired notice period is with the employer. The resigning employee can only request for the same. The employer needs some time to train a new person for taking up the new assignment left by the resigning employee. It is in organisational interest that the resigning employees serves the full notice period so that continuity in service remains.
Looking to your problems if your persuasions fail, then probably the only option is legal recourse for which you need to be prepared.
Regards
KK
From India, Bhopal
199Looking to your problems if your persuasions fail, then probably the only option is legal recourse for which you need to be prepared.
Regards
KK
From India, Bhopal
Please let me know the real definition of casual employee and also about the period of employment
From India, Mumbai
From India, Mumbai
Dear Vijay,
You have all the rights to take to your salary. Speak to your employer and get all the details. If not you can file a legal case provided with the proof of statements made bu you in the case mentioned like mail of your resignation, your second application and proof showing that you have worked for 5years +
From India, Warangal
You have all the rights to take to your salary. Speak to your employer and get all the details. If not you can file a legal case provided with the proof of statements made bu you in the case mentioned like mail of your resignation, your second application and proof showing that you have worked for 5years +
From India, Warangal
Hi, I have not been employed for about 3 yrs. I believe the reason is my age which is almost double my real age. The age was wrongly quoted what should I do? Ja
From Australia, Perth
From Australia, Perth
Thanks for reply,
Yes, I Handover my formalities to other person.. and already they pull my some rights before resignation, I worked with Good & Polite behavior in the company, I request them ones, Twice.... and more.. But they did not adjust anything. They are taking wrong advantage of my polite behavior..
and yes, Im planing for legal action..
I Got the information from the other HR that they make my case as Absconding Case and Hold F&F.
I Do not have any other choice... because now they are avoiding my calls too. and gating a reply from HR like "we can not clear your case" "we are trying" "management is not listening" "I forward your proposal to management" and fact is they are nothing doing..
Should I Register case with full confidence.. and what advantage and disadvantage will I face after legal action?
will they refund me the cost of my legal action. or any....
Thanks & Regards,
vijay
From India, Pune
Yes, I Handover my formalities to other person.. and already they pull my some rights before resignation, I worked with Good & Polite behavior in the company, I request them ones, Twice.... and more.. But they did not adjust anything. They are taking wrong advantage of my polite behavior..
and yes, Im planing for legal action..
I Got the information from the other HR that they make my case as Absconding Case and Hold F&F.
I Do not have any other choice... because now they are avoiding my calls too. and gating a reply from HR like "we can not clear your case" "we are trying" "management is not listening" "I forward your proposal to management" and fact is they are nothing doing..
Should I Register case with full confidence.. and what advantage and disadvantage will I face after legal action?
will they refund me the cost of my legal action. or any....
Thanks & Regards,
vijay
From India, Pune
Dear Mr. Vijay,
Pl refer ur Appointment order, where in it should hv been mentioned that for terminating the contract of appointment, either party should give xx months' notice or pay in lieu of notice period. From this it is clear that either u can give notice or pay in lieu of notice. No employer can insist for issuing notice and serving the entire notice period. When you are prepared to pay for the notice period, be it for the full period or part period, employer need to relieve u from the services. Only alternative left to the employer is to negotiate with u to retain on the terms acceptable to u. Hope I made the matter clear to U. Certainly employer cannot put u to the inconviniencing U by withholding any of the terminal benefits, your balance payable salary, leave alone not relieving u from services and issuing ur service certificate etc. The can only retain u by offering compensation n benefits acceptable to u.
Joga Rao
From India, Eluru
Pl refer ur Appointment order, where in it should hv been mentioned that for terminating the contract of appointment, either party should give xx months' notice or pay in lieu of notice period. From this it is clear that either u can give notice or pay in lieu of notice. No employer can insist for issuing notice and serving the entire notice period. When you are prepared to pay for the notice period, be it for the full period or part period, employer need to relieve u from the services. Only alternative left to the employer is to negotiate with u to retain on the terms acceptable to u. Hope I made the matter clear to U. Certainly employer cannot put u to the inconviniencing U by withholding any of the terminal benefits, your balance payable salary, leave alone not relieving u from services and issuing ur service certificate etc. The can only retain u by offering compensation n benefits acceptable to u.
Joga Rao
From India, Eluru
What is the difference between DA and FDA. Please also let me know whether the PF deduction is compulsory on FDA.
From India, Mumbai
From India, Mumbai
Dear Vijay,
you need to be very sure that your salary for the month before you handled your resignation, plus payment for accrued leave will be enough for the payment in lieu of notice of two months. please be sure of that before you file the case...
your employer has no right to withhold any of your final settlements, i advice you to stop using telephone as means of communication with your HR, start collecting evidences to back you up during the case coz that is where you are heading. what ever you are requesting or asking from them document it, send them the letter and make them sign to acknowledge receipt and keep the copy., you can as well email them the same copy for more refference.
you can start afrash asking for your final settlements,but this time give them deadlines, make it clear to them that if you will not hear from them within the time you gave them(2-3 dys) you intend to take the matter ahead,also dont forget to inform them that you are ready to meet with them and discuss this matter. that will show that you were ready to compromise and you resigned in a good faith,that will back u up if they will raise any bad accusation against you during the case.
From Tanzania, Dar Es Salaam
you need to be very sure that your salary for the month before you handled your resignation, plus payment for accrued leave will be enough for the payment in lieu of notice of two months. please be sure of that before you file the case...
your employer has no right to withhold any of your final settlements, i advice you to stop using telephone as means of communication with your HR, start collecting evidences to back you up during the case coz that is where you are heading. what ever you are requesting or asking from them document it, send them the letter and make them sign to acknowledge receipt and keep the copy., you can as well email them the same copy for more refference.
you can start afrash asking for your final settlements,but this time give them deadlines, make it clear to them that if you will not hear from them within the time you gave them(2-3 dys) you intend to take the matter ahead,also dont forget to inform them that you are ready to meet with them and discuss this matter. that will show that you were ready to compromise and you resigned in a good faith,that will back u up if they will raise any bad accusation against you during the case.
From Tanzania, Dar Es Salaam
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