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Sumit   06 June 2019

Full and Final Salary not paid by the previous employer

I resigned from Global Upside, Noida on 15-05-2019 on medical ground. I have been diagnosed with kidney disease, high blood pressure and electrolytes imbalance and hospitalized for the first time on 2nd April, 2019. Subsequently, I was hospitalised 3 more times as my condition worsened periodically. For one and half month I kept updating the management and HR about my health status. The senior manager - HR asked for my medical reports, which sent via email on 19th April. Later, after my resignation, the Senior Manager-HR called me on 20th May, and asked to return the laptop via FedEx and mentioned that after receiving the laptop, they will initiate my due salary and issue my experience letter. I sent the laptop via FedEx on 24th May and confirmed via email. After sending back the laptop, I have done several followups, but received no response from Global Upside. Before resignation, I worked for 4 days and then applied for 8 days earned leaves. So, there are 11 days salary due. I did not receive this amount later. My question is can they hold because I could not serve their 45 days notice period? I could not do so due to my health. Awaiting reply. Thanks.


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 3 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     06 June 2019

Hello Sumit!

I understand your problem and hope that your health condition is better now. As far as your salary on hold is concerned, you have served 4 days and have taken earned leave for 8 days effectively 12 days.

Now as per your apointment letter what is the condition of notice period? if you could share the copy of your appointment letter with me on lawassociates99@gmail.com, then I would be in a better position to give you proper advice in this regard and also discuss what are the remedies available with you.

 

Regards

Adv. Rohit Dalmia

9324538481

Sumit   06 June 2019

Hi sir, Thank you for your reply. Actually, all my official documents are still in my Delhi residence. I have been in Kolkata for past 2 months. It will take some time for me to go to Delhi to wrap up things. The company gave me a hard copy of the appointment letter, there is no hard copy. I will get notice period clauses calling a friend in that company. As soon as I get I will contact. If you don't mind I have another question regarding notice period. I just got a full time work from home from a company. They will provide appointment letter and salary slip. Even though I have not the letter, if it mentions about notice period, do I have to oblige it? Do notice period in work from homes valid? Will appreciate your advise. Thanks.

Sumit   06 June 2019

Sorry I meant there is no digital copy of the appointment letter.

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