Legal Question in Employment Law in India

Company is terminating me without notice period.

Issue was with Advance money given for USA trip which did not happen.

I agreed to repay with Part salary and Incentives.

But company asked me to get relieved immediately.

I am ready to repay advance. They have already deducted 1 and half months salary which is approximately 65% of all amount.

Also company did not pay me entire last months salary.

Also they have not terminated officially but stopped my access to company email account which I used to work from home.

Please do advice me how can we deal with this legally.

Company offer letter clearly says to give notice period of 45 days by either party in case of departing ways.

If they terminate me on non payment of expenses I think logically they should give me chance to serve 45 days notice period or deduct that notice period money for advance given on fool and final and rest I can pay by check.

What should I do if they deny this and take legal action>

What could be consequences


Asked on 5/07/15, 2:05 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

08.05.2015

Dear Sir / Madam,

If the Company advanced you money for the official US trip, and for whatever reason the trip did not materialize, you ought to have immediately returned the entire advance amount given to you, back to the Company. It was incorrect on your part to ask the Company to deduct the Travel advance from your salary and incentives. The Company has viewed your action as a breach of contract. If the terms and conditions of your employment specifically state that the Company reserves the right to waive the notice period in the event of the employee's default or wrongdoing, or if the notice period clause states that no notice period is required in such an instance, the Company is absolved of payment of notice period salary to you. In my view, you should politely request the Company to recover and adjust all your eligible full and final settlement dues from the advance, and if there is any surplus, to pay it to you else; in case of any shortfall, you pay it to the Company. Legal action initiated by you against the Company, is neither advisable nor recommended. Should the Company initiate legal action against you, defend yourself.

Regards,

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Answered on 5/07/15, 9:23 pm


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