LawRato

Is it necessary to pay the settlement amount after I resigned


04-May-2023 (In Corporate Law)
I was employed with a Big 4 for 25 days (12th March 2018 to 6th April 2018). I quit, citing personal reasons (my wife was pregnant and had to move to my native city Pune from my employment city Kolkata). I had mentioned in my resignation email on 4th April that I would like to be released as soon as possible. Since I was not assigned to any project thereof, they did not had issues in letting me off. I was happily let off. However, received an email with my Full and Final Settlement saying that I owe 160000 Rs. to the firm as I have not served the full notice period of 90 days. My contract had mentioned (i) Probationer – fifteen days (ii) Special Officers or equivalents - one month (iii) Associates and above - three months They have conveniently stated on the FnF settlement notice that I was not a probationer since I joined as a Manager. While leaving - 1) No insistence on serving the notice period by company 2) No discussion of settlement amount before I left the company Last Working
Answers (2)

Answer #1
660 votes
Big companies adopt all these methods. They exploit money power against employees. That employees are slaves comes to the fore when time to depart comes. One should never love the company. You can love a person may be your colleague. Similarly never love your boss. His love for you is because of the work involves. Such love vanishes when the time to test comes. In the name of HR Policy such big companies exploit. It is very hard to fight. them. However, we should not stop trying. You can lodge a complain to the Lobour Commissioner. That is the only forum. State in the compliant that manager is just a designation to keep out a person from claiming otherwise. You can file compliant with local Police Station for cheating . Of course this should be after you have filed a compliant with the LC.

Answer #2
941 votes
Dear Querist,

First of all, check the employment contract to see what are the terms of the employment , thereafter, it can be decided as to what will be next course of action citing the prevailing circumstances.

Normally, if the Notice period clause subsists and the employee has signed the contract to abide by the terms then the employer insists upon such compliance before handing over the release letter.

Please revert back with the terms and condition of the employment, so as to enable me to give a detailed opinion in the aforesaid matter.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."