Legal Question in Employment Law in India

Hi,

I am Mamta Mishra working in one of the corporate training organization. I served my training related to my domain IT and also non-IT (out of my domain) 2.5 yrs. in same org. till July (completed one project) after that in sept I was suffering from fever so took 1 week approvedt sick leave whereafter I returned I have gone through multiple management harrasment mentioned below :

1. The day I joined after my leave my reporting manager asked me to put the resignation and the reason she stated was :

1. I use to come late.

2. They are not looking into the business of my domain any more.

Inpite of I was chasing the management people for new project status and my job security they use to tell me nothing to worry we are looking for good business and clients and without any intimation this things was asked to me.

2. So I asked them about the policy mentioned in my appointment letter that

1. If i resign I need to serve for 1 month notice period and leaves taken in this period will be LWP.

2. If they ask me to resign they need to pay 1 month salary.

No I resigned stating that the its company call and I am asked to leave and my last working day will be 30th Sept. so they didnt accept the mail that time and was forcing me to resign from my end. I denied.

Even at one end in communication with my management people I agreed to resign but I asked as its a sudden action taken I will require some leave's to apply and attend interview u can consider it as LWP no issues but they didnt accept that as well.

4. Now on 26th Sept I recived mail from my HR stating considering ur mail 21st was ur last working day and come for ur fnf formalities on 28th Sept and will pay u the salary amount till 21st sept only.I didnt replied to the mail and I dnt know what to reply I put a msg my reporting and spoke to HR that I am not keeping well and can come to office in Oct 1st week.

Here,They didnt accept the resignaton at the day i resigned now suddenly at the end of the month the considered without knowing me.

I didnt replied to thier any mails yet so they blocked my official email account as well without confrming with me.

5. Now i wrote them a mail on 6th sept (tuesday) " i will come for fnf keep my papers ready through my personal id" they repiled u bring ur medical certificate for ur absenntism which i can see clearly they are proposely harrasing as I havent resigned by my own yet.

6. Please do let me know what steps I can take against them as :

1. I severance for the same as they are forcing me to take action on urg basis.

2. I want my fnf to be done without any bad conducts.

As I hav already done lot for the company and didnt expected the same from them.


Asked on 10/06/15, 11:17 pm

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

07.10.2015

Dear Mamta Mishra,

You should go to the Office and request them to settle your full and final settlement (F&F) dues inclusive of one month's notice salary for abruptly terminating your services, despite your repeated alerts to the Management forewarning them of possible loss of business which could lead to forthcoming redundancy of employees.

Carry a medical certificate from a local general practitioner when you go to take your F&F Look for another job elsewhere.

Regards,

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Answered on 10/07/15, 2:46 am


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