Legal Question in Employment Law in India

Hello Sir,

I had worked as academic coordinator in a C.B.S.E School for two months (From 14th Nov,2015 to 15th Jan ,2016). I have given only 10 days notice period instead of 30 days as mentioned in the appointment letter. Till date ( 8th March 2016) I have not received any salary (not a Rupee) from the school. With my constant calls and follow up , they have called me to collect the salary for one month only . They have deducted my one month salary for note giving full one month notice to the school.

Note : In the appointment letter , one clause says that the employee will get the salary on or before 10th of each month.

My quarry is that , If school has made delayed salary payment and done breach of contract for not paying any salary till date , Can I claim for my full two month salary for the period I have served the School and not to deduct my on month salary for not giving notice period on time.

What legal action can I take against the school management?

As I have delayed 20 days in giving notice period but School has delayed my salary payment by 110 days (approx. 3 months). What compensation I can demand form the HR department of the School? Kindly Advice


Asked on 3/07/16, 11:01 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

08.03.2016

Dear Sir / Madam,

If the Office timings are from 10.00 am to 06.00 pm, and if you leave your house at 10.00 am for Office and reach home at 06.00 pm from Office that day, and then expect to get paid by the Office from 10.00 am to 06.00 pm for that day, it is not legally valid. Likewise, if you are required to give a month's notice to the Principal of the School, if you have served the notice of resignation to the Principal of the school, on or after 16th December, 2015, the school is legally entitled to deduct and recover the salary (basic pay only) for the total number of notice period days not served by you in the school.

If the school followed an attendance period from the 01st of every month to the end of the month for payment of salary, the school should have paid your first salary from 14.11.2015 till 30.11.2015 in the subsequent month on or prior to the 10th of December, 2015 of the following month. If the school has not mentioned the attendance period for payment of your first salary in your appointment letter, they should have paid you on the 13th of December, 2015 on completion of a month's service period. If still not, they should have at least paid you on the 07th of January, 2016. You should seek an explanation from the Principal citing these points in your letter and request for a reply in writing from the school Principal within 10 (ten) days. Depending on the reply you receive, you may decide upon initiating further recovery action.

Regards,

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Answered on 3/07/16, 7:41 pm


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