Notice period - I have been working in a corporate company
9 months ago
Hlw sir ,, I have been working in a corporate company but due to some personal reason I resigned from my job this month but my mother health is not well so i wouldn't been able to serve the notice period of 60 days so I clearly described in mail that I didn't want my experience letter and also the pays of notice period..it's been clearly mentioned to HR but still they are given traits of terminating me what should I do sir kindly suggest?
An employer cannot threaten you to terminate your contract of employment. This amounts to vicitimisation and is also an unfair labour practice. We would advise you to file a complaint before the concerned labour commissioner
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
An employee in an establishment is governed by the contract of employment and the condition of the said contract says that you have to serve a notice period of 60 days in case you tendered resignation then on breach of said condition by the employee, an employer can claim back the salary of two months from the employee, but cannot threaten you for termination when an employee already tendered his resignation and such an unethical and arbitrary action on the part of employer amounted to victimization and unfair labour practice with ulterior motives to damage the career of an employee. In the prevailing situation, you need to serve a legal notice to the Company and file a complaint against the Company over alleged victimization and unfair labour practice before the concerned Lbour Commissioner for redressal of your grievance.
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