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Resignation Law Help

Querist : Anonymous (Querist) 19 November 2010 This query is : Resolved 
I am Business Analyst in Sales Support in a private organization. I resigned from my company on November 18, 2010 and now i am on one month notice period. My last day in my company will be November 17, 2010. But some time my company will play a game / cheat the employee by relieving them earlier without the employee request for that. So they can reduce the salary of the employees during the notice period. If a person won't work in the notice period for 1 day, they will cut the salary for two days. But if they are relieving earlier, they will give the money only for the days which i worked.

But the problem here is that, the employee is ready to serve 30 days notice period and i believe if company is relieving the employee during the notice period without employees' request, the organization has to pay him the salary for 30 days notice period.

Please let me know if there is any rule in Indian Labor Law for supporting this argument.
Sri Vijayan.A (Expert) 19 November 2010
It is purely depend on ur service rules and the service contract entered into by u with the employer
Devajyoti Barman (Expert) 19 November 2010
Indian Labour Law does not apply to white collar staffs. Only Job contract will determine the rights of the respective parties.
adv. rajeev ( rajoo ) (Expert) 19 November 2010
I agree with Vijayan
Parthasarathi Loganathan (Expert) 19 November 2010
How about Bank employees. Are they not white-collared staffs? However, Industrial laws are applicable to them too Mr. Barman Da.
s.subramanian (Expert) 19 November 2010
mr.vijayan is right.
Sachin Bhatia (Expert) 19 November 2010
It's all depend upon the service contract between you and your organization.
Devajyoti Barman (Expert) 19 November 2010
Industrial Disputes Act applies only to the 'workman'and the business analyst is not a 'workman'.
Ajay Bansal (Expert) 20 November 2010
do
Khaleel Ahmed Mohammed (Expert) 25 November 2010
Mr.Berman advised well.


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