Resignation After Termination
4 months ago
I resigned from my position on December 26. SInce it was medical case i needed immediate leave but they negotiated a notice period until January 15 with the ability to work remotely from home due to my mother's health issues.
I have Originally planning to relocate to Mumbai, I changed my location to Odisha where my mother travelled, But i fail to update my employer about my location.
Despite continuing to fulfill my responsibilities from Odisha, my employer is now threatening to send a legal notice, alleging misinformation about my location , and mentioning that i neglacted my work and hinting at termination. Additionally, they are considering deducting my pending salary based on my compensation.
Is it legal? Can they do that? I have provided them my mother;s health report as well as my travel history. and this happened when i am just about to receive salary.
A.Dear Client,
In this situation, it's important to address the concerns raised by your employer promptly. While your employer may be justified in expecting accurate information about your location, the threat of termination and salary deduction raises legal and ethical questions. To protect your rights, gather evidence demonstrating your continuous fulfillment of job responsibilities from Odisha, and ensure you have documented communication about your medical case and location change. Share this evidence with your employer, emphasizing your commitment to your role despite the challenges.
If your employer proceeds with a legal notice or termination, seek legal advice to understand your rights and options. Deducting pending salary based on your compensation may not be legal unless there are clear contractual terms justifying such deductions. Providing your mother's health report and travel history strengthens your case. Consider discussing the matter with a labor law professional who can guide you through potential legal implications and help you respond appropriately to your employer's actions. Keep lines of communication open, demonstrating your willingness to co-operate, and seek a resolution that respects your rights and circumstances.
Thankyou
In this situation, it's important to address the concerns raised by your employer promptly. While your employer may be justified in expecting accurate information about your location, the threat of termination and salary deduction raises legal and ethical questions. To protect your rights, gather evidence demonstrating your continuous fulfillment of job responsibilities from Odisha, and ensure you have documented communication about your medical case and location change. Share this evidence with your employer, emphasizing your commitment to your role despite the challenges.
If your employer proceeds with a legal notice or termination, seek legal advice to understand your rights and options. Deducting pending salary based on your compensation may not be legal unless there are clear contractual terms justifying such deductions. Providing your mother's health report and travel history strengthens your case. Consider discussing the matter with a labor law professional who can guide you through potential legal implications and help you respond appropriately to your employer's actions. Keep lines of communication open, demonstrating your willingness to co-operate, and seek a resolution that respects your rights and circumstances.
Thankyou
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A.Dear Client,
You tendered your resignation from the Company with a request for early relieving which was accepted allowing you to work from home/remote mode up to 15th January. Thus, by allowing the employee to work in remote mode during the notice period, the company can neither raise a question nor threaten you on your relocation that has no direct or indirect nexus with your job/assignment that is being complied with online mode and cannot be a cause of termination on the ground of negligence or dereliction on the part of an employee. Therefore, any illegal and arbitrary action if taken by the Company terminating your service or withholding your F & F Settlement dues will amount to victimization and unfair labour practice on the part of the Company. In the given situation, if you are a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1847, then you need to serve a legal notice to your employer/company and file or raise an industrial dispute directly before the concerned Industrial Tribunal under Sec.2A of the I D Act against the employer over alleged illegal termination and unfair labour practice claiming reinstatement in service with back wages. You can also file an application under Sec.33C(2) of the I D Act against the Company before the Labour Court claiming recovery of entire dues receivable to an ex-employee on resignation or illegal termination.
You tendered your resignation from the Company with a request for early relieving which was accepted allowing you to work from home/remote mode up to 15th January. Thus, by allowing the employee to work in remote mode during the notice period, the company can neither raise a question nor threaten you on your relocation that has no direct or indirect nexus with your job/assignment that is being complied with online mode and cannot be a cause of termination on the ground of negligence or dereliction on the part of an employee. Therefore, any illegal and arbitrary action if taken by the Company terminating your service or withholding your F & F Settlement dues will amount to victimization and unfair labour practice on the part of the Company. In the given situation, if you are a workman as defined under Sec.2(s) of the Industrial Dispute Act, 1847, then you need to serve a legal notice to your employer/company and file or raise an industrial dispute directly before the concerned Industrial Tribunal under Sec.2A of the I D Act against the employer over alleged illegal termination and unfair labour practice claiming reinstatement in service with back wages. You can also file an application under Sec.33C(2) of the I D Act against the Company before the Labour Court claiming recovery of entire dues receivable to an ex-employee on resignation or illegal termination.
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