Notice period salary
sadiq
(Querist) 01 February 2014
This query is : Resolved
Hi
was Working for a reputed Masala brand since last five years, suddenly they started asking for resignation showing low performance , after resignation they denied to pay the Notice period salary but as per appointment letter its mentioned that either they terminate or we resign company will pay one month notice salary , we are almost 5 people who were senior managers in sales what we can do legally to get our one month notice salary
M.Sheik Mohammed Ali
(Expert) 01 February 2014
you can send legal notice or complaint at labour department office.
ajay sethi
(Expert) 01 February 2014
if company has defaulted in paying you one moht salary you can issue legal notice to company . file winding up petition agaiinst the company
Kumar Doab
(Expert) 01 February 2014
It is a bit strange that even if the employee submits resignation the company shall tender notice pay.Therefore you may recheck your appointment letter.
If it is stated in service rules, appointment letter then you can lay a claim on 1 month notice pay. You may however show these to your lawyer.
If such a condition is not stated in service rules and appointment letter and if you have resigned with immediate effect the company shall be pleased to square off your dues by adjusting the notice pay.
Instead of issuing termination Order Company has asked you to submit resignation and you have obliged them by submitting resignation.
Did you state in resignation that you have been threatened to submit resignation or company shall terminate in writing? Did you mention in writing under acknowledgment that the resignation is extracted under force?
Since you have worked for 5 years company should pay Gratuity and if company has not supplied notice of determination of Gratuity you may demand to supply you the same. You may also submit Form I under proper acknowledgment.
You may demand to supply the FNF statement (thru redg. Post only) showing all payables by company to you and all payables by you to company, for verification and acceptance by you.
If your lawyer opines that you are not covered as ‘Workman’ as in ID Act and as “Employee’ as in (Name of your state) Shops and Commercial Establishments Act then the forum for your may be civil court.
Rajendra K Goyal
(Expert) 01 February 2014
Well advised, agree with the expert Kumar Doab ji.
sadiq
(Querist) 01 February 2014
Have checked my appointment letter and its clearlyentioned that either company terminates my services or i resign from my job either situation will get one month notice salary
Advocate. Arunagiri
(Expert) 01 February 2014
No company will pay one month salary in event of resignation.
Rajendra K Goyal
(Expert) 03 February 2014
If such is the case claim and if not paid send legal notice.
