Notice period
tasneem
(Querist) 06 April 2015
This query is : Resolved
The notice period as per my appointment letter is 2 months or salary in lieu of for both employer and employee. The employer had found a replacement at a lesser salary and has asked me to leave. I was ready to serve my two months notice period but the employer has not allowed me to serve and asked me to leave immediately. I have mail corresponence saying I want to serve my notice period. Now the employer had denied payment of my two months notice period. do i have a remedy.
Jayaraj Poojari
(Expert) 06 April 2015
If your employer wanted you leave immediately then he is liable to give you two months salary. Request for a written order or email from your employer to that effect and also get a relieving letter clearly specifying the date. This will help you claim two months salary in a court of law if your employer fails to give you at the time of relieving.
Kumar Doab
(Expert) 06 April 2015
Asking to leave implies termination.
The cause here is not just.
Were you asked to leave in writing?
Or do you have evidence?
Or have you resigned:if yes::;did you resign with immediate effect or submitted notice of resignation of 2 months?
Has your resignation been accepted and handover done under proepr acknowledgment and FnF statement, NOC/NDC issued to you?
OR
Have you been terminated or relieved in writing?
Revert in detail.
You should have a remedy.
tasneem
(Querist) 06 April 2015
i had rendered my resignation and had mentioned in the letter that i am willing to serve my notice period. proper handing over has been done sir. relieving letter has also been issued. but they declined to pay me for the two months notice period.
Rajendra K Goyal
(Expert) 06 April 2015
Consult local labor law consultant and show him your resignation, appointment, relieving and other related documents.
Kumar Doab
(Expert) 06 April 2015
What is the date of relieving in relieving letter:::2 months from date of notice of resignation or before expiry of notice period?
Has any FnF statement been supplied and does it show adjustment of notice pay,leave encashment,bonus,OT,earned wages and have you accepted it? Avoid sending acceptance? Has the company paid FnF payouts?
Is it stated in appointment letter that notice pay can be tendered in lieu of notice period?
Have you received acceptance of notice /resignation, service certificate or does relieving letter state DOJ/DOL and comments on good conduct?
You should be eligible to get notice pay.
Show all docs to your able Labor Law consultant/service Matters Lawyer and proceed further under expert advise of your lawyer.
