Legal Question in Employment Law in India

I have joined a company on 28th December 2014 and resigned in 25 November 2016 by completing the almost 02 years of service. As per my appointment letter my notice period was one month. After one year of my joining my company had increased the notice period 03 months from one month. I had resigned on 25th August 2016 and completed three months and relieved on 25 November 2016.After one month of my resignation in between of my notice period I took the leave of 19 days intermittently due to serious illness of my mother. My company has considered those leaves as LOP (Loss of pay) and short fall of notice both, and deducted the money two times on the basis of total CTC(Cost to company), although I had balance earn leaves. My company has deducted my 19 days as full CTC +19 days short fall of notice period and enchased my earn leave by providing me of my basic salary only. There is no any where is mentioned this in my company's HR manual. Kindly suggest.


Asked on 3/08/17, 5:05 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

08.03.2017

Dear Sir / Madam,

Even if the Company appointment letter does contain a clause that you are not entitled to any leave during your notice period, the Company is committing an illegal act if they are deducting the amount as LOP (Loss of Pay) and shortfall in notice period, both, You can treat this matter as "cheating" and lodge a Police complaint against the Company should they not rectify their stance and pay you the full salary for the notice period served by you in the Company.

Regards,

Read more
Answered on 3/08/17, 9:49 am


Related Questions & Answers

More Labor and Employment Law questions and answers in India