Labour Law- Employee Force to resign
5 months ago
Dear Sir/Madam,
I was working in a Private Company in Mumbai and I was forced to resign due to my bad performance (as they told me).
I sent an email to my HR Team mentioning " I am serving my resignation letter due to my bad performance, with immediate effects.
I worked there for 2.5 years and on the same day, I left the company. after 2 days I received a call from HR asking about the matter and for discussion about this. I explained the same and expressed my intention not to return to work.
after 4 days I received a letter asking me to serve the notice period of 1 month and handover the works.
I can hand over the works but can not serve the notice period also I am not asking my F&F and told them to adjust my Notice period against my earned leave.
Q1- What are my rights here ?
Q2- Do I need to serve the notice period & what are the consequences if I am unable to serve it ?
Q3- what kind of legal action they can take ?
Q4- if they take any legal action, what I can do to counter them ?
In most employment contracts, there is a notice period mentioned. If you resign, the standard practice is to serve the notice period as per the terms of your contract. If you have a legitimate reason for not serving the notice period, such as health issues or personal circumstances, you may discuss this with your employer. However, they are not obligated to accept it. If you do not serve the notice period as per your employment contract, the employer may withhold your salary for the equivalent days or take legal action. Your relieving letter and experience certificate might reflect the failure to serve the notice period, potentially affecting your future job prospects. Your employer has the right to take legal action for not adhering to the terms of your employment contract. They may approach the labor court to recover damages for your non-compliance with the notice period.
As regards your Q-1) What are my rights here, Response:- Your rights are limited to the terms of your offer or appointment letter issued by the company and the company's standing policies/rules applicable uniformly to all employees. As regards Q-2) Do I need to serve the notice period & what are the consequences if I am unable to serve it, Response - Of course, you need to serve the notice period in compliance with the terms of employment in the absence of a buyout policy of the Company, failing which you may face legal consequences for breach of contract. As regards Q-3) what kind of legal action they can take Response - The company can take legal action to recover/realize compensation for damages caused out of breach of contract. As regards Q-4) if they take any legal action, what I can do to counter them? Response:- You need to hire an experienced Advocate handling service matters to defend your case before the Court. In case you need our expertise service, you may contact our legal team.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
(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.]
Less Full and final settlement
Already Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Regarding obc NCL reservation
Contractual Employer deducting PF
Pf overlapped and now jobless
