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Nilay   07 January 2018

No salary and final settlement due to short of notice period

I worked for US based MNC at Hi-tech city, Hyderabad. I resigned on 5 Dec with request of early release on account of personal issues. Manager and HR was on release but before 3 days HR manager refused. I explained all issues and requested for release again in writing on 19 Dec. On expected last day I requested Manager and he agreed and accepted all company assets. Ask me to sign exit NDA that is normal practise and inform all employees in meeting about last working day. After that I waited for few days and enquired to HR about Dec salary and final settlement. HR manager responded that I told them I dont need final settlement or any formalities and they stopped salary. Also company is treating my departure as abandonment.

As per offer letter company has rights to adjust notice period or waive.

I have following questions from expert:

1. Can company treat short of duration in notice period as job abondment, when request of early release was informed?

2. When company accpted all assets and asked to sign exit document like any other employee still can HR make it abondment case?

3. Company can stop salary till last day and refuse to give final settlement?

In above case what are the legal options available to me to recover dues?

Thanks

Yatish

 

 



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 January 2018

You can send a legal notice to the management for pending dues recovery first.

Ritu rawat   29 January 2018

Pls clarify how did the management respond to you request of early release? Did they accept it through some written intimation? And yes before any legal recourse, pls send a legal notice...

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