Legal Question in Employment Law in India
I used to work in a telecom company in Noida till 30 Sept 09 as a permanent employee working for last 2.8years. I had resigned form here on 1st August because salary is not on time and i am going to join a new company in Delhi on 1st October 2009 . As per my employment contract with telecom Noida Company, notice period requirement is 3 months and I serving short notice of 30 days only and therefore comes the question of notice pay. Now in the light of above scenario may I request your advice in case of following matters,
1. Do Labor laws in U.P allow notice period of more than 1 month.
2. Now Company is deducting 2 Month CTC from my salary i.e 1 Lacs of rupee from my remaining Salary. Company has paid my June salary on 20th Aug after that i have not received any money from company. I had resigne only becuase salary not on time. Can you suggest me how can i get my 2 mont ctc from company
1 Answer from Attorneys
You have received on August 1, 2009. Company will have to pay you July 2009 salary.
You have to give 3 months notice or pay pe appointment terms.
Normally law provides for notice period to offer some security to employees. Since your notice period is 3 months ( typically law provides for one month notice period only), it is better than what the law has offered. Unfortunately, since you wanted to resign this advantage has been turned into disadvantage.
Only upon reading the appointment order / offer letter, it can be seen whether you will have to work even when the company does not pay you in time/ does not pay at all. So send scanned copy to me at [email protected] for proper advice.
You will have to receive your Annual benefits like LTC etc and PF can be withdrawn even if there is dispute with the company.
From the facts it looks like you can receive your moneys upon issue of appropriate legal notice/ action.
S.Seshadri
www.lawconcern.com
emails: [email protected]
Related Questions & Answers
-
Hi, I have come out of my previous company last year. I did not submit a resignation... Asked 9/17/09, 12:58 pm in India Labor and Employment Law
-
I am being harassed by union leader .he is putting false allegations that ihave... Asked 9/17/09, 1:15 am in India Labor and Employment Law
-
I am a franchisee of a Govt company. my cheque bounced.but i have given bank... Asked 9/16/09, 5:27 am in India Labor and Employment Law
-
Civil Revision Petition (CRP) has to be filed withion 30 days. Is there any... Asked 9/16/09, 3:37 am in India Labor and Employment Law
-
Dear Sir, As per my contract with employer ,a multinational company operating in... Asked 9/15/09, 8:35 pm in India Labor and Employment Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
