Full and Final in case of no notice period served
Deep
(Querist) 16 March 2011
This query is : Resolved
Hi,
I just had to resign from my job due to some unavoidable circumstances in office. . I did not serve any notice period as it was impossible to work there. These people are not giving my salary. and said i will have to pay to them as i did not serve any notice period.
In the past also they had asked the employee to leave and had paid full salary for the working days and
even the employees who had resign after taking the salary ,company has never asked them for recovery for notice period..
Even for the absconding case they had paid the salary .
THIS COMPANY HAS NEVER FOLLOWED ANY PROCEDURE SO WHAT ARE THE CHANCES TO GET MY SALARY?
Devajyoti Barman
(Expert) 16 March 2011
To get the salary you have to file a civil suit for recovery of money which unfortunately would take great deal to time to finally conclude.
Kirti Kar Tripathi
(Expert) 16 March 2011
What is your service conditions. Whether any clause as to notice period exists in your appointment letter or you entered into any contract or agreement with your employers. Unless these facts are made available no proper reply is possible.
Deep
(Querist) 17 March 2011
Hi
I really appreciate the suggestion give by all of you i such a short span of time. I am hereby attaching the termination clause which says i am supposed to serve the one month notice period However the problem is that even the other people who resigned earlier in the company they never served any notice period and got full salary and even in the case of ATL company had not followed the procedure to give one month's extra salary.
Kindly suggest and Termination clause is attached.
Santosh Goswami,Advocate
(Expert) 17 March 2011
If there is a clear cut mention of notice period you have least chance of getting relief.
Kirti Kar Tripathi
(Expert) 18 March 2011
So far your payment of salary is concerned, the employer has no right to withheld salary. In case, your salary is less then 10,000/- month you can file application before Payment of Wages Authority of your area or if it more than 10,000 and you are workman, you can file application under Section 33-C(2) of the I.D.Act before Labour Court and if salary is more than 10,000 and you are not workman, you have to file civil suit of recovery of amount. As regard to notice pay in the appointment letter is concerned. Your employer has a right to claim the same but he can not withheld salary. For claiming amount under the contract, employer has to file civil suit.
