Buyout of notice pay - legal remedy
Viren
(Querist) 06 July 2018
This query is : Resolved
Hi
In the appointment letter following is the exit clause
"Your service can be dispensed at any time from either side by giving atleast one month notice or salary "
one of my old colleague left the organization giving 10 days notice as he had to join by 15th july , but when HR forced him to serve one month compulsorily , he left in 3 days and asked to adjust the notice pay of rest period from his salary as per appointment letter .
HR Threatened him to serve one month compulsorily and Write mail to him as follows :
," thus it is further instructed to resume your duties from tomorrow or else organization is liable to take legal action against you, which include filing a police case against you.
the said employer have very unfair practice toward employees , most of the cases it do not make full and final settlement honestly and deducted most of the amount showing one or other reason and pay just penny. So it is understood that employee like to serve least period after resignation.
can you please suggest legal remedy in this case.
P. Venu
(Expert) 07 July 2018
Certainly, no police case lies in the case.
Advocate/CS Sanjeev Kataria
(Expert) 07 July 2018
Agreed with expert sir, no police case can be there. your employer may harass you in clearing the full and final settlement. As per appointment letter you are under an obligation to serve for notice period.
Ms.Usha Kapoor
(Expert) 08 July 2018
Agree with Advocate Sanjeev Kataria.
krishna mohan
(Expert) 24 July 2018
Donn't worry. One month notice or at the maximum equivalent value can be claimed through appropriate court. What need to be seen is if the new employer is unconcerned about the same no issues. But demands relieving order better to stick to notice period.
