Legal Question in Employment Law in India
Ex-Employer forfeited my salary
When I joined company in Faridabad, in appointment letter I was shown as on 6 months probation, and after that on confirmation by writing and notice after confirmation being 1 months notice or one month's basic salary. After 6 months, mgt. gave me a confirmation letter but with term that 3 months notice or 3 months gross salary on resigning. I refused and did not accepted that letter.
When I resigned, I gave 18 days notice and 22 days earned leave was in my credit.
But the company said that they deducted 50 days gross salary (90 - 40 days notice).
After my 4 request letters, they sent me nominal amt. of Rs. 720/- sticking to 3 months notice.
In what act can I get justice?
Salary due is around 14,000/-.
Can I give legal notice?
2 Answers from Attorneys
Re: Ex-Employer forfeited my salary
since you did not accept the terms stipulated in confirmation letter hence one month notice by you is sufficien but earned leave or any other leave does not fall in notice period.one month notice means one month working days,so 18 days notice by you is not proper.
Re: Ex-Employer forfeited my salary
Yes, you can give legal notice to the firm and as the company said that they deducted 50 days gross salary (90 - 40 days notice) and since you have not accepted the terms and conditions of the confirmation letter therefore, the terms and conditions of the prior appointment letter shall prevail and the company would be liable to pay the remaining salary.
contact no. of mine is 9899887112
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