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Recovery amount by company
10 months ago
Hello. I served in a company in bangalore. I left the company due to mishbeviour by manager and denied to serve the notice. Later HR released me in 15 days. Now they have sent recovery for 2L for notice period and bonus amount. Can I pursue legal action against them. I dont have any proof of abuse by my manager. I raised it to top management & manager is serving happily there without any warning by HR. How can I proceed further, since compnay is not giving relieving letter
A.Dear Client,
An employee or even probationer can tender his resignation from the service of a Company following the terms or contract of employment. If the terms of employment require advance notice for a certain period that varies from Company to Company for tendering resignation and on non-compliance or breach of said provision of the contract of employment by the employee, a Company can deny his relieving letter and F & F Settlement and can sue for compensation for damages caused for non-compliance of terms of employment by the employee. However, in the absence of your resignation application if the HR of the Company released you in 15 days through letter or email then neither they can serve the recovery notice for not serving the notice period nor, they can withhold your relieving letter and F & F settlement dues. So, go through the terms or contract of employment carefully and if it appears to you that there is no breach on your part then serve a legal notice to the Company and file a complaint before the concerned Labour Commissioner against the Company for arbitrary and unfair labour practice to resolve your grievance.
An employee or even probationer can tender his resignation from the service of a Company following the terms or contract of employment. If the terms of employment require advance notice for a certain period that varies from Company to Company for tendering resignation and on non-compliance or breach of said provision of the contract of employment by the employee, a Company can deny his relieving letter and F & F Settlement and can sue for compensation for damages caused for non-compliance of terms of employment by the employee. However, in the absence of your resignation application if the HR of the Company released you in 15 days through letter or email then neither they can serve the recovery notice for not serving the notice period nor, they can withhold your relieving letter and F & F settlement dues. So, go through the terms or contract of employment carefully and if it appears to you that there is no breach on your part then serve a legal notice to the Company and file a complaint before the concerned Labour Commissioner against the Company for arbitrary and unfair labour practice to resolve your grievance.
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A.Dear client,
Check your appointment letter, if there is a clause that either parties can compensate for not serving the notice ( this clause would definitely be there in the appointment letter).
2. Check if you had clearly asked for a early relieving and if you had clearly mentioned your last day of working with the company in your resignation letter. If not, you can make a supplementary resignation letter quoting the earlier resignation letter dated/email dated and clearly mention your last day of working
3. Make a handing over note with the list of company docs, emails, resources, etc to be handed over and hand it over to someone responsible ( may be your manager) and keep a signed copy with you.
Imp: If your appointment letter has a clause that either parties can compensate for not serving the notice period and if you have given your consent to compensate the company for not serving the notice period then the company cannot stop you from getting relieved legally.
Other things to keep in mind as well :
Please check in your Offer/Appointment letter clauses on the notice period and the time and period/duration of notice .~Unless you don't serve full notice . You are not eligible to get any relieving letters .
~If at all the New Employer wants you to join early , Please check with the last/current employer if the notice can be bought/Buy out option is available in some companies. Notice is compensated from either parties and this is mentioned in the appointment letter.If not , address this issue to the New Employer that they won't relieve till you serve complete notice and ask for more time .
~If you have completed the notice period and have to join new employer on immediate basis and you still aren't relieved from present employer , you may address this issue to the new employer and just send them a resignations acceptance copy .
~If you have completed your notice and still not getting relieving letter from the current employer in-spite of requesting them you are allowed to sue the company if at all you have the offer/appointment letter with you and a proof of the notice period served .
Check your appointment letter, if there is a clause that either parties can compensate for not serving the notice ( this clause would definitely be there in the appointment letter).
2. Check if you had clearly asked for a early relieving and if you had clearly mentioned your last day of working with the company in your resignation letter. If not, you can make a supplementary resignation letter quoting the earlier resignation letter dated/email dated and clearly mention your last day of working
3. Make a handing over note with the list of company docs, emails, resources, etc to be handed over and hand it over to someone responsible ( may be your manager) and keep a signed copy with you.
Imp: If your appointment letter has a clause that either parties can compensate for not serving the notice period and if you have given your consent to compensate the company for not serving the notice period then the company cannot stop you from getting relieved legally.
Other things to keep in mind as well :
Please check in your Offer/Appointment letter clauses on the notice period and the time and period/duration of notice .~Unless you don't serve full notice . You are not eligible to get any relieving letters .
~If at all the New Employer wants you to join early , Please check with the last/current employer if the notice can be bought/Buy out option is available in some companies. Notice is compensated from either parties and this is mentioned in the appointment letter.If not , address this issue to the New Employer that they won't relieve till you serve complete notice and ask for more time .
~If you have completed the notice period and have to join new employer on immediate basis and you still aren't relieved from present employer , you may address this issue to the new employer and just send them a resignations acceptance copy .
~If you have completed your notice and still not getting relieving letter from the current employer in-spite of requesting them you are allowed to sue the company if at all you have the offer/appointment letter with you and a proof of the notice period served .
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