Company Law,Harassment,Labour law
What to do?
Dear Sir/Ma'am, I have recently joined an organization in Sector-59 Noida. My joining date was 12th Dec'2016. However, due to constant pressure and unmanageable behavior of the COO (my reporting manager), I had to resign from the organization within a month. My resignation date is 11th Jan'2017. As the COO was a pro in shouting over his employees and creating scenes, while I am completely opposite to it; so,I didn't want a face-to-face discussion with him, I sent my resignation through email.The organization accepted my resignation the same day. However, when I asked about my Full and Final settlement, the HR told me that I needed to serve a notice period of 15 days which I didn't serve and hence, I am not eligible for the FnF procedure. But when I pointed out that, organization never told me about the 15 days notice period during the probation period, the HR person said that its mentioned on the appointment letter. However, as they never gave me the appointment letter, they will waive off the notice period. (I had only received an offer letter from them at the time of joining).
By  Divya  |  13 Jan 2017  |  Upvotes: 0  | 

1 Answer(s)

Tushar Bhargava
Advocate

Hello,

As you told that only offer letter was given to you at the time of joining. So confirm these things:

 Firstly: Whether the rules regarding resignation were mentioned on that letter or not.

Secondly: Whether the terms of employment mentioned such notice period were provided.

If either of these were not provided then

  you should give a legal notice to them regarding payment as per the contract between you and company, you are entitled to receive such payment.

 In default of payment you can file suit in the area where the company is situated under Specific Relief Act.

 

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