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Kanika Gupta (Sr. Eecutive)     04 September 2012

Full and final settlement

I worked with NIIT Ltd. In gurgaon and then suddenly was asked to leave the organization due to some rift with the higher management. As per my contract, if one is on probation and is asked to leave from the company, they are paid 1 month's salary in lieu of the notice period (which they refuse their employees to serve in case of an ATL).

I have it in writing from the HR that the notice period need not be served, however, I will still be paid. Now the issue is that my F&F that was uploaded on website started by the company for it ex-employees says that I owe them Rs. 17,000 as I did not serve a notice period.

Please tell me what are my options if the company plays foul and denies me my right?



Learning

 2 Replies

Bhawani Mahapatra (Law Officer)     04 September 2012

Dear Kanika

Your narration here is self contradictory. Most of the companies give one month notice or salary in lieu thereof at the time of terminating the service of the employee. So if the same thing is mentioned in your service agreement/contract, your employeer has right to serve one month notice, if salary in lieu of is paid, else there is violation of contract. So you can proceed accordingly.

Kumar Doab (FIN)     04 September 2012

Mr. Mahapatra has given valuable advice.Kindly follow it.

You might have submitted resignation with immediate effect.

HR has delibertaely not effected its own order and has not computed the notice pay in FNF statement.

You must submit in writing that FNF statement is not correct and is rejected.

You may submit a representation to good offices of your appointing authority,MD, Chairman, Company Secretary and narrate the incidents and enclose copy of email by HR.


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