Hi, I was forced to resign due to Covid Situation, and as per my appointment letter terms I served a 3 months notice, but the company relieved me in 2 days after I was asked to hand over company belongings.
As per the Annexure Clause 2 of My Letter of Appointment :
Notice Period - Either party can terminate the contract of employment with 90 days notice in writing or 90 days basic salary in lieu thereof. The shortfall, if any, in the notice period equivalent amount of basic salary to that extent would be retrieved/paid. At any given point in time, the notice period would be as applicable to the Grade / Position in which you are placed and as per the organization policy.
Since as per the above clause I am entitled to my 3 months basic salary, but now the company is not paying,
So kindly advise what can I do further to get my 3 months basic salary, since I have submitted my 90 days notice period.
From India, New Delhi
As per the Annexure Clause 2 of My Letter of Appointment :
Notice Period - Either party can terminate the contract of employment with 90 days notice in writing or 90 days basic salary in lieu thereof. The shortfall, if any, in the notice period equivalent amount of basic salary to that extent would be retrieved/paid. At any given point in time, the notice period would be as applicable to the Grade / Position in which you are placed and as per the organization policy.
Since as per the above clause I am entitled to my 3 months basic salary, but now the company is not paying,
So kindly advise what can I do further to get my 3 months basic salary, since I have submitted my 90 days notice period.
From India, New Delhi
Since you submitted the resignation, you were to give three months notice and you were ready for it. But you have been relieved after two days and being denied to serve the remaining notice period. So there is a breach of service agreement and so you should be compensated for it. Since there is a provision to buy out in the service agreement, you are liable to be paid for the remaining period of service. Start with sending a notice demanding its payment, failing which you will have to resort to legal means, by sending a legal notice through advocate and thereafter file a civil suit claiming the amount in the court of jurisdiction.
From India, Mumbai
1534From India, Mumbai
Did you clearly offer to complete the notice period when you resigned?
You are saying you resigned during Covid. Was the office closed? Did you have work from home or were you required to go to the office for your work.
In either case, did you clearly state your intention of completing notice period?
From India, Mumbai
You are saying you resigned during Covid. Was the office closed? Did you have work from home or were you required to go to the office for your work.
In either case, did you clearly state your intention of completing notice period?
From India, Mumbai
Whether the date of resignation has been mentioned in the resignation letter given by you and it has also been shown that under section (notice period) of the appointment letter …… whatever it is, your notice to the company are giving. If you have shown all this then you will be eligible for notice or notice period.
From India, Rudarpur
From India, Rudarpur
From the query, it is understood that the poster is made to render a forced resignation,
which is nothing but a termination of his service, in which case the company is responsible for pay
3 months admissible salary to the employee. Please make an attempt to meet the higher
authority in person and try to draw his attention to the clause of separation and request
for salary.
If your three months salary is substantial good amount and if the management does not
pay any heed to your request, please send a lawyer notice threatening them for a legal action.
But before that please send a request letter to company by RPAD, for 3 months salary
(quoting the clause of NP) and wait for 8-10 days. If no action, then proceed as stated above.
From India, Aizawl
which is nothing but a termination of his service, in which case the company is responsible for pay
3 months admissible salary to the employee. Please make an attempt to meet the higher
authority in person and try to draw his attention to the clause of separation and request
for salary.
If your three months salary is substantial good amount and if the management does not
pay any heed to your request, please send a lawyer notice threatening them for a legal action.
But before that please send a request letter to company by RPAD, for 3 months salary
(quoting the clause of NP) and wait for 8-10 days. If no action, then proceed as stated above.
From India, Aizawl
Dear Rkn61 : Dear Sir, 100% agree with you but when employee is giving the resignation then there is no any question for termination. both are different, when we talk about termination means company is sacking to employee and need to give the termination letter notice to victim but if in same case company success to take the resignation from the employee any how then this matter will not count as termination and all benefits for termination will be not applicable to victim. either forcefully or any other type , if company success to take the Resignation the it will be tereated as resignation. because in paper we cannot prove it as termination.
From India, Rudarpur
From India, Rudarpur
Once you offered the resignation the decision remains with the employer. You intends to serve notice period but company preferred you to relive without serving of notice. What your management has done as per their understanding and they waived the notice period in your case.
Why notice period becomes necessary both for employer & employee?
(i) Employer wants termination but employee does not, so employer serves notice or pay in lieu of that.
(ii) Employee wants to leave but employer does not, so employee serve notice period or buy out notice period.
In the instant case employee does not want to work and employer does not require the service of employee owing to work suffer for pandemic.
You may claim the compensation as you are feeling justice has not done to you. To justify your case you should file the letter of the management in which they asked you to resign. It will be well and good to get paid, there is nothing wrong to try by filing a suit in court.
From India, Mumbai
Why notice period becomes necessary both for employer & employee?
(i) Employer wants termination but employee does not, so employer serves notice or pay in lieu of that.
(ii) Employee wants to leave but employer does not, so employee serve notice period or buy out notice period.
In the instant case employee does not want to work and employer does not require the service of employee owing to work suffer for pandemic.
You may claim the compensation as you are feeling justice has not done to you. To justify your case you should file the letter of the management in which they asked you to resign. It will be well and good to get paid, there is nothing wrong to try by filing a suit in court.
From India, Mumbai
Quote ....At any given point in time, the notice period would be as applicable to the Grade / Position in which you are placed and as per the organization policy.. Unquote
Did you find out what is the policy of your (erstwile) Company is in this regards with respect to your position?
From India, Mumbai
Did you find out what is the policy of your (erstwile) Company is in this regards with respect to your position?
From India, Mumbai
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