Salary claim

Ashok Sharma (Querist) 30 November 2015 This query is : Resolved
Hello All.

I was working in a MNC in kolkata. My company has a notice period of 2 months. The offer letter also states: 2 months notice or at Management's discretion.

I served notice on 01.09.2015 and asked for an early release. I had to join another company by 30th Sep' 15. I had requested my company for the early release both verbally and in writing. I had also agreed to pay them the amount for shortfall in notice. All were in written. But my company had asked me to serve the full notice period.

I finally decided to stop going to office and on 29th sep I had send them email informing that I will not come from next day. I also submitted all the company provided assets to the HR with receipt. I was not paid the salary for sep. My company pays on 30th every month and mine was blocked.

When I stopped going, they sent me absconding letters to come to office and serve the balnce period of notice. But I emailed them that I will not be able to come.

Finally they issued a termination letter and asked me to come and complete the exit formalities. I went there on the given date and completed the exit formalities. I requested them to complete my full & final payment.

Now, they had sent me a letter where they had adjusted the amount in lieu of short notice period with the salary of September and also asked to come and pay some more amount.

I replied to them that since I was issued termination letter and not the relieving letter, then why am I liable to pay the short period amount. Instead I asked them for the salary of the 29 days of September that I had worked.

Can any one help me?

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Kumar Doab (Expert) 01 December 2015
You should have consulted in advance before you started acting on your own and writing on your own.

Since you have resigned and have have completed exit formalities you have not absconded.

You have not clarified your designation,nature of duties and state in which you were located, company is commercial or Industrial establishment, tenure of your employment...................it can't be ascertained if notice period of 60 days was indeed applicable etc.

Rajendra K Goyal (Expert) 01 December 2015
Show all corrospondance and termination letter to some service law expert and proceed.

K.S.Srinivas (Expert) 07 December 2015
Resignation is also covered in the terms and conditions of offer letter. If covered, according to the T&Cs. If not covered, you are supposed to serve 2 months notice.

RAJU O.F., (Expert) 20 April 2016
The conditions as per the terms of your service contract will prevail. If there was failure on your part, company is entitled to enforce the contract. Please settle the matter amicably so as to avoid any legal action on both sides.