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Shailesh K (Sofftware Engineer)     31 August 2012

Company demanding payout for notice period after releaving

Hello,

I was working with a mumbai based software company,

Recently I switched the company.

Before leaving the company I have done all the formalities.

and I resigned on 4th of june 2012.

According to my offer letter I have to go through 2 months of notice period.

But while leaving the company no one asked me regarding notice period.

So I got the final settlement and releaving letter from the company.

Then I joined new company.

Now after 2 Months the company hr mailed me talking about notice period pay out.

SInce leaving the company the I was signed a letter telling that all the necessary cuttoffs will be deducted from last salary  The last salary is deposited to my account.

There is some cutoff in the salary.

But now company is demanding me for notice period pay out.

I think this is not fair.

Even they have not yet given me the pending bonus.

Please tell me what are the legal steps for.

Thank you.



Learning

 1 Replies

Kumar Doab (FIN)     03 September 2012

While you may treat it as the notice pay has been waived off, the HR personnel who have erred might be facing reprimand and hence the email. They want to collect the notice pay however have not issued any letter. Having issued FNF statement/settlement/payment, relieving letter now company may very well forget the notice pay.

However if wish to tender notice pay you may agree to tender basic+DA.

Statutory bonus is disbursed within 8months. Company should pay it.


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