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.


Asked on 8/31/10, 11:09 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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.

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Answered on 8/31/10, 10:34 pm
Vishwa Arya Arya & Co.

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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Answered on 9/04/10, 11:37 pm


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