Legal Question in Employment Law in India

Dear Sir,
I am working since from sept. 2009 in one of the industry. I had submitted my resignation on 11th June 12 and requested my employer to relieve me on 12th July 12, they have accepted my resignation. But after than my boss has started harassing me and even verbally indicated me that he will not relieve me on 12th July and i have to serve 3 months notice period as per my new policy which was circulated through the mail in beginning of jan 2012 which highlights given below...
1. Any employee who submits his / her resignation serves a minimum period as follows:-

Grade A07 to A09 � Minimum 45 days
Grade A 10 to A13 � Minimum 60 days (I m between in this grade)
Grade A15 and above � Minimum 75 days.

2. Further , if an employee, leave the service with out adhering to above, he/she will be considered as an abandoned employee and ;

a.The service records and certificate will be mentioned clearly as abandonment of service.
b.When the full and final settlement is calculated, the short fall of notice period will be identified. For this short fall of notice period, Salary will be calculated on the monthly gross salary (not basic)) and paid to you. Or, any amount due to you will be after adjusting the amount payable to the company by you. If there is any amount due from you, there will be a demand raised on this count on you.
c.Any future reference if sought from the company may not be positive.
3. Those employee who complete the requisite notice period, will be given all necessary service certificate and any shortfall of notice period (3 months as per service conditions) will be calculated on basic only.
Now they told me they are going to stop my salary up to the full & Final and if I left the organization without serving minimum 2 months then they are going to give certificate as a � Amendment of service � and I have to pay two months gross salary as shortfall notice period amt instead of Basic salary . Where I have not possible give shortfall notice period amt of two months gross salary due to my poor financial condition �
Therefore pls suggest for getting my �clear certificate� & two month shortfall notice amt on basic.

Asked on 6/15/12, 3:19 am

www.lawconcern.com S.Seshadri www.lawconcern.com

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Since deduction only will be made from amount due to you, You can await the employer communication and then take legal action.

Answered on 7/04/12, 10:28 pm

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