During notice period , company threatening to terminate
Maan
(Querist) 03 March 2019
This query is : Resolved
Dear Experts ,
I am working with a known IIT coaching Limited Institute for more than 10 years, I am serving my 6 months notice period started from Dec 2018 ,
But after serving 3 months of notice company is verbally pressuring me to sign an early leaving request so that company does not have to pay salary for rest of the notice period also other benefits like Gratuity , sincerity fund etc. (Because in the employment service rules they have mentioned that all benefits will be paid after serving full notice period only i:e 6 months ) also there is no clause in employment contract for early leaving after giving notice ).
I have refused to sign this letter and told that I will fully serve six month notice as mentioned on my employment contract.Now verbally they threatened me to terminated my service / reduce my salary for rest of the notice period (Reduction of salary at this point also impact other benefits like gratuity etc) .
My Questions .
1. Is it legal that company can reduce my salary for rest of the notice period ?
2. can company terminate my services in between serving of notice period without any solid reason or written communication ?
3. can company stop my entrance in company premises ? if yes then what are the immediate legal options ?
4. If I want to take my case further then it will be a civil suite / Industrial / Labor ?
KISHAN DUTT KALASKAR
(Expert) 04 March 2019
Dear Sir,
My answers are as follows:
1. Is it legal that company can reduce my salary for rest of the notice period ?
Ans: It is not legal for the Company to reduce your salary during notice period.
2. can company terminate my services in between serving of notice period without any solid reason or written communication ?
Ans: It is also illegal to terminate your services during notice period.
3. can company stop my entrance in company premises ? if yes then what are the immediate legal options ?
Ans: The Company cannot stop if so happens you have two options one is to approach labor commissioner the second one is to approach Civil Court.
4. If I want to take my case further then it will be a civil suite / Industrial / Labor?
Ans: You may take such action.
Please mark “LIKE” if satisfied by my answer.
Maan
(Querist) 04 March 2019
Dear Sir ,
Thanks for the reply.
If I need to file my case then it fall under District court or high court ?
Dr J C Vashista
(Expert) 05 March 2019
Q 1 No, it is illegal.
Q 2 Legally "NO" but otherwise can not stop, which is liable/ fit for challenge.
Q 3 Subjective question, which may be put to your tutor.
Q 4 You can move to Civil Judge/ court.
