EMPLOYMENT ISSUE-Deemed University
9 months ago
During corona period, Oct 2021, I resigned my job and asked for for waiver of 3 months' notice/pay. But management refused and asked me to pay the money to be relieved. When I requested to, to serve the notice period, if waiver is not graned, they refuesd and denied rejoininig.
A.Dear Client,
In the absence of a specific stipulation in the contract of employment or offer letter, the employer can not demand back the payment of 3 months' salary for non-serving the notice period especially when an employee tendered his or her resignation and requested for waiver of the notice period in a pandemic driven situation that affected all the normal activities of the general public of all sectors for public announcement of frequent lockdowns. But when under pressure, you agreed to serve the notice period, the employer refused your appeal. So on both occasions, the arbitrary action of the employer amounted to unfair labour practice with ulterior motives to exploit your career. So in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which you need to file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter.
In the absence of a specific stipulation in the contract of employment or offer letter, the employer can not demand back the payment of 3 months' salary for non-serving the notice period especially when an employee tendered his or her resignation and requested for waiver of the notice period in a pandemic driven situation that affected all the normal activities of the general public of all sectors for public announcement of frequent lockdowns. But when under pressure, you agreed to serve the notice period, the employer refused your appeal. So on both occasions, the arbitrary action of the employer amounted to unfair labour practice with ulterior motives to exploit your career. So in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such an arbitrary and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance failing which you need to file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming dues from your employer. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter.
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