Legal Question in Employment Law in India

19.01.2016

Dear Sir / Madam,

If your notice period with the consultancy was two months (60 days) and you served 1 month and 19 days (49-50 days) of that notice period; you have not served 10-11 days of the remaining notice period which salary thereof, the consultancy is legally entitled to waive or to adjust and recover it from the 19 days notice period salary worked by you and thereafter pay you the balance salary for the balance 8-9 days. You may request the consultancy to waive the deduction and recovery of salary for the notice period of 10-11 days not served by you on the grounds that you successfully completed your Tata Consultancy Services (TCS) assignment prior to your date of leaving, and to pay it to you; and even if recoveries are effected, to pay and settle your salary for the balance remaining of 8-9 days after adjustment worked by you.

Regards,

1) Discuss with HR and try to convince as suggested by the above said expert. If TCS is agreeable to waive the remaining notice period its well and good. U may also try to get represented through the employees Association operating at the place of ur employment.

2) If not, before resorting to legal recourse, it is to examined whether u r a workman, whether TCS is governed by Shops & Establishment Act depending upon the State, for example Bangalore is exempted for 5 years as far as service conditions are concerned, etc. Then u can approach the concerned legal authority after exhausting all other avenues.