Need advice on my employement resignation

Naveen Tenneti (Querist) 19 December 2011 This query is : Resolved
hi all. Currently iam working in a software company. Few days back i was performing myself a religious act(sabarimalai devotion). Initially no one objected. And one fine say there was axall from hr saying i jave to go on loss of pay and come back to office after complwting the ritual. I agreed and last week i got a call and thw hr aaid i dont need to come to office and that day itself qould be my last working day and they will pay me 1 month salary. I did not accept. And they said ypu come doqn to office and we will discuss. Today i came and submitted my resignation and said that i will serve my notice period of 3 months. Now company said thwy will pay me only 1month notice period and this is not seperation but termination as i have not performed well. This was never informed by any one to me during thia tenure and when i have submitted my resignation they say iam a non performer.
I would like to get your legal advice on whether i can fight for my notice period pay or not.

Thank you
Regards
Naveen
+91-9769634803

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Devajyoti Barman (Expert) 19 December 2011
What is the terms of the employment agreement?
Unless I can see those details it would be really difficult for me to comment whether you are liable to salary for whole notice period or not.

Guest (Expert) 19 December 2011
Reference of terms of your appointment are necessary to see before any opinion is formed or advice given.

ashutosh mishra (Expert) 20 December 2011
Yes!first feed fact before seeking any answer.

RAJU O.F., (Expert) 20 December 2011
Before discussing the remedy, you have to go through the service contract executed by you with the company. In some organisations, dress code is strict and deviations will not be allowed.

My best advise would be forget the 2 more months salary in lieu of notice period, in order to buy peace of mind; legal fight against mighty company, will spoil your money, time, energy, tension, etc. Hence take it easy and try for a better job.

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