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Deduction in full and final settlement

(Querist) 19 May 2012 This query is : Resolved 
Dear Sir,

I was working in an organization for 04 years, and left the company after giving my resignation. However during the time of appointment my appointment letter stated that i need to give 02 months of notice period.

BUt I gave them only 14 days of notice period. I had my leaves like ML ( non cashable and other comp offs pending )For that decision they had deducted half of th amount of my full and final settlement.

There was nowhere written or any verbal message was given to me that if i do not give them full notice period time then they will deduct from my salary otherwise I would have served the notice period.

Kindly advice.

ashutosh mishra (Expert) 20 May 2012
You need to re look in the agreement where generally clause is found 2 months notice or salary in lieu thereof.
Undoubtedly notice of 14 days is bad in law.Try to settle by negotiation as even if you have a cause you need to file a suit which may prolong for decades to see final verdict of court.
Suhail A.Siddiqui (Expert) 20 May 2012
Your approach is wrong settle with your employer in the light of agreement
Kamal Prasoon Sinha (Expert) 21 May 2012
I endorce the views expressed by Mr. Suhail A.Siddiqui.


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