Legal Question in Employment Law in India
Resigned and Employer is deducting my last month salary and leaves against notice period
I am employed a Indian IT firm and currently on secondment onsite in UK for the last 5 years.
Our client has terminated my contract due to some issue from my side. I have now resigned with my indian company and am happy to serve the notice period 60days as per policy. but my employer says they dont have any work for me so they wanted to deduct all my leaves and my last month salary into the notice period.
Please help me whats that way out of this for me.
also they wanted to deduct my Onside salary as notice period.
Below are the HR policies
5.3.2 The notice period treatment will be noted by the supervisor/manager on the resignation letter / exit application and communicated to the Unit HR and the employee.
5.6.3 Any request for waiver of notice period under exceptional circumstances can be considered by the Supervisor / Manager with prior approval from DU Head.
5.6.1 If the Employee is willing to serve the notice period and is asked to leave the services of the company before completion of the notice period, the company will pay the employee notice pay in lieu of the notice period waived.
5.6.2 Payment towards notice period will be made on the annual gross salary - when employer gives notice to employee.
5.6.3 Recovery towards notice period will be calculated on the basic salary - when a Employee resigns on his own wish.
does my situation fall under last clause or 3rd one here
I hope its under the 3rd clause as I am ready to serve the notice period
Please advice me if I can get my money back.
1 Answer from Attorneys
Yes. In your case 5.6.1 HR Policy applies. Issue a legal notice for recovery.
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