Question Hi dear sir/madam
My name is Amit, I was working in Barclays Shared Services, Noida since August 2010 when in June 2012 I had to resign as I had a serious domestic issue in regards to my mother. My mother is a depression patient for last 20 years and she is now 76. She also has multiple health problems and due to which I was forced to move to Gurgaon as I do not have any other place with relatives. I submitted all the relevant documents in May-June, and I was told my manager that he understands the issue and he said its fine. The only mistake that I did that I did not discuss the terms of relieving and I could not serve a notice period for obvious reasons. Now they would not give me a relieving letter and they are asking for two months gross salary in exchange for it. which is around 45,000. I am heavily financially challenged at this time as I do not even have a job as no company would hire me without a relieving in the first place. I obviously am not able to pay this kind of people and if you look at my situation its not ethical as well for me to pay anything, as I have a very genuine reason to leave and dont see any reason to why such a big company cannot waive off the notice period on humantarion grounds. Please tell me am I wrong in doing what I did, can I resolve this or what can I do legally to prove my rights?? Please guide me I am desperate. My mother might not live long if I dont get a job soon.
Answer Your termination notice has to be accepted by your employer as per the termination clause contained in the contract.If there is no provision to adjust shortage in the notice period against pay, they have no right to ask you to deposit amount for any shortage in the notice period.You have submitted resignation on very genuine ground.It is simply a very vindictive attitude on their part.Further ,they have no authority to demand compensation equivalent to your two months gross salary amounting to Rs. 45,000 approx. in exchange of the shortage in the notice period.Even f such sum is payable as per the terms of engagement, they cannot claim anything more than the actual loss suffered by them.
In view of the above,I would advice you to immediately serve a legal notice upon them to settle your outstanding dues and reminding them that failing which,you shall be compelled to take suitable legal actions against them.Moreover, under no circumstances, you should pay any amount from your own pocket because they can adjust it against your outstanding dues.
Apparently,You have a very strong case.So please fight for it without any tension.They are legally bound to pay it and court may compel them to pay penal interest also for delay in releasing the amount and for causing unnecessary mental torture to you.
With Best Wishes,
Retd. Company Secretary & G.M.(Law)
National Fertilizers Ltd.
(A Min-Ratna Central P.S.U.)
Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.
I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc.
I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.
Organizations Member,Inst. of Chartered Accountants of India
Member,Inst. of Company Secretaries of India;
Member,Bar Council of India
Member,All India Management Association
Member,Delhi Management Association
Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I.
Expert ,CA Club India
Expert ,Lawyers Club India
Ex. Faculty ,I.C.S.I as well as I.C.W.A of India
Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi
Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd.
Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore
Awards and Honors Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.
Past/Present Clients I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.