Legal Question in Employment Law in India

Hi, I have worked 15 months with a company and resigned on 22nd Jul 2013, after resignation I served a notice of 43 days as against expected 60days. I tried to convince everyone on my early relieving including deduction of notice pay. However, everyone agreed but manager did not. Due to financial obligation, I couldnt continue with the company after 2nd September (43days of notice). Now the company sent me three letters:

1st One - Stating my 'unauthorize absence from work' on 13th Sep

2nd One - Stating my 'unauthorize absence from work' on 18th Sep after which I sent them a mail regarding my inability to continue

3rd One - Stating my termination of employment in a subtle manner on the 25th of Sep.

My notice was to get over on 19th Sep according to the 2months notice period.

The Termination of employment letter stated on - No Communication and as well did not talk about my resignation.

Can I do anything to change the termination of employment to much smoother way of relieving?

(I tried a lot to talk to them and convince. but the manager is not ready to change his stand)

Asked on 10/03/13, 12:07 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP


Dear Sir / Madam,

When you worked in the Company for 15 months, you would be entitled to Casual Leave, Sick Leave and Privilege Leave which needs to be adjusted against the remaining 17 days shortfall in the notice period that you did not serve in the Company. The Company terminating your services after you have already tendered your resignation is absolutely meaningless, and is done more out of immaturity, grudge and frustration. Never look back at a Company once you've resigned ... always look ahead. You should ask the Company to give you your final settlement dues within 7 days, failing which you should report the matter to the Police. Repost query if there is no police action forthcoming within three days of your filing the FIR against the particular Manager in the Company who is harassing you.


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Answered on 10/08/13, 7:42 am

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