Legal Question in Employment Law in India
I was working for a German co. based at Pune India. Last month august 2010 I resigned with willingness to serve the notice period of 3 months as per my agreement with the co. They tried to retain me, but when i refused to stay back after that they had relieved me with immediate effect with 1 month salary. i have to join my new assignment after 3 months from the date of resign,now i may request your advise in case on this matters,
1. As per notice period law in India can i challenge my employer for 3 months salary as i was willing to serve the notice period for 3 months.
pls advise.
2 Answers from Attorneys
one is willing to serve and second is in fact serviced for 3 months. in case you have rendered your services for 3 months, you can, otherwise not.
the fact to be seen is whether you served notice upon the employer or you were just willing to serve. Merely willing to serve notice does not help
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