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Author Topic: Termination of employment and Compensation claim by employer  (Read 191 times)

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Offline rudreshkalyani

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Termination of employment and Compensation claim by employer
« on: August 28, 2016, 12:13:48 AM »
I had to go on leave from April 13 to take care of my dadís health which was informed to employer and went after taking their approval. During his course of treatment he did not recover and expired soon after 3 weeks in the month of May. Due to my fatherís unforeseen demise, family was under emotional turmoil as mom was already under medication for depression since 2011 and this was like sprinkling salt on the wounds and to wind up the business which was handled solely by my father , so I had to extend my leaves. At the same time , my wedding had previously planned and I had already applied for leaves for the 4 weeks in June month. Due to all this crisis I had applied for all the pending leaves and also LOPs. I had informed my manager as well to extend my leaves for indefinite days. I had also requested them to facilitate me to work from house but will not be able join them sooner or to locate the whole family immediately to my work location.
The company started sending show cause Notice and asked me to join sooner. Because of the family obligation I couldnít. I informed the same when I got calls from them as well. Later I received call from HQ informing me that they released me to bench (the pool of employees released from the projects from where accounts pull them and put back again into project) until I rejoin , they had not mentioned anything about the termination notice by then. Later I received job termination letter and sent full and final settlement through which they are claiming 3 lakhs from me as I did not serve the stipulated notice period of 90 days.
Please suggest me on the validity of their claim?
Is their obligation on me to pay it? What are the consequences otherwise?
Can I claim for compensation as we were already under emotional stress due to dadís loss and upon that these guys are claiming from us?
What happens to the EPF amount?
What if they ask me to join and serve the notice period there by waiving off the claim amount?
And what if I still need to defer the same for some more time for family emergencies?
Please suggest how to proceed?


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