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Employment Law/Its urgent..Plz help me

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QUESTION: I got selected in IBM India in July 2013. I completed the training and also hit the floor but I had to leave the company because of some personal reasons. So I left the job in October 2013 by resigning in formal manner by writing Email regarding resignation. But I received a letter regarding full and final settlement in the organisation which stated that I have to pay amount of 7000/- for the same. I received the letter two times. Then I called my manager, he convinced me by telling that I need to ignore that letter as he has considered my resignation from his end. So I don't have to pay anything. I agreed at that moment. But I got a legal notice regarding the payment of the asking amount yesterday. So I am confused and don't know what to do in this case. Please help me with it.

ANSWER: Dear Gourav,

Hope you're doing fine.

It seems you didn't serve proper notice period as per your company's policy and also as per terms and conditions given on your 'letter of appointment'. Pls share the terms and conditions related to notice period clause. Also did you serve any notice period. What was your last designation and CTC.



---------- FOLLOW-UP ----------

QUESTION: The terms and conditions regarding the notice period are as follows:
"If an Employee want to leave the company. Then either he has to serve at least 1 month notice period or pay 1 month salary for full and final settlement."
Due to some personal problems I didn't serve the notice period. Actually I had to leave the city because of some family problems. So I wasn't able to continue with the company. So I contacted my Floor Manager, described him all my problems, asked him to handle the situation regarding the terms and conditions. He convinced me verbally by saying that he would handle the things regarding Notice Period so that I don't have to pay anything to the company.
I called him thrice after receiving the legal notice from the company regarding the payment of the asking amount. But he didn't pick the phone. Now I am getting confused about this behavior of Floor Manager.

My designation was L2 Technician(Practitioner). Please reply me asap.

Answer
Dear Gourav,

Hope you're doing fine.

So you failed to serve them proper notice as per your letter of appointment therefore it's a breach to the term of employment. You should visit your employer stating the reason why you had to leave without serving any notice period and that your reporting manager accepted your resignation etc. I am sure they will understand. In case it doesn't work please see any lawyer he may guide you accordingly. But your Organisation keeps full rights to recover shortfall of notice pay due on you as you have signed letter of appointment which has all the conditions written in advance.  

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Umesh Chaudhary

Expertise

Any question related to HR processes, legal compliance of labour ONLY in India

Experience

Over 12 years in the field of Human Resources, industrial relations, labour laws and administration

Publications
1. An article published in India Today on sexual harassment, 2. People challenges on How to retain talent http://milagrow.in/k-solutions/newsletters/interview/people-challenges-how-retain-talent 3. Management & Human Resource http://blog.globalbx.com/2009/01/04/management-human-resources/

Education/Credentials
MBA (HR), M.Phil (HR). I hold various accreditation in the area of Human Resources, Industrial Relations and Employment Laws. I strongly feel the more knowledge you share the more you'll get to learn. There is no age to learning therefore I stay abreast with new developments into HR and Labor Laws; I prefer to attend regular seminars, professional gathering, workshops and lectures. I am also associated with All India Management Association, National HRD Network (Delhi Chapter).

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