Legal Question in Employment Law in India

Hi, I am working with a MNC company and have recently resigned. My questions are as follows

1) My appointment letter says 3 months or basic pay in leui of. But they are not letting me pay the buyout.

2) Whats is the rule on salary during notice period as I haven't received this month salary. Can they make me serve entire 3 months notice period with out paying me salary?

Also not that I have not finished my 6 month probation period in this company


Asked on 4/01/13, 2:03 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

01.04.2013

Dear Sir / Madam,

(Bengaluru, Karnataka)

The three months notice period as specified in your appointment letter may apply to confirmed employees. Since you are still on probation, the notice period should actually be only one month.

1). Since the appointment letter specifies 3 months notice or salary in lieu thereof, the Company cannot stop you from taking the payout option.

2). No. If you serve the entire 3 month's notice period, the Company is legally bound to pay you the salary for each and every month of notice that you have served.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 4/01/13, 3:40 am


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