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ankushmadaan   26 December 2014

Notice period and relieving letter

Hi,

I have a notice period of 2 months which will end in next 5 days and what i want know is

1. I didnt get any salary for these months and been told that it will be covered during FNF which will happen 1 month after my notice period ends

2. I have bond of 75K which i am brakeing and paying the company for it, i asked them to adjust the amount with salary and i will pay rest but they rejected it told me that i have to pay bond money upfront before last day of notice period and then only i will get relieving letter. is it right way ??



Learning

 2 Replies

Anil Upadhyay (Lawyer)     26 December 2014

Please give full facts:

If you have served your notice period than you are liable for salary and you need not to pay the bond amount.

If you have not served the notice period than you shall be liable for the bond amount but still get salary for the period you work.

Depends on the fact and clauses of you contract good advise can be received here..

 

advocateanilupadhyay@yahoo.com

Kumar Doab (FIN)     27 December 2014

1. Salary: The employee can lodge complaint the moment payment of earned wages is delayed even by a day from the fixed /usual pay day.......................The pay day is set and stated and fixed and defined by various enactments e.g. payment of Wages Act, standing orders(certified/model) ,Min wages central Rules, (Name of the state) Shops and Commercial Establishments Act..............

 

These being statue/instrument of law/Act shall prevail upon any private agreement /policy drafted by employer and signed with employee e.g appointment letter, HR policy/FnF policy of whatever it is...........

 

Did you demand the payment of salary by pay day from good offices of appointing authority/MD................. in writing under proper acknowledgment  with a copy to YOu?

 

Don't remain entangled with HR::::: HR personnel are not your employer....

 

2. Bond: The bond and hence bondage is created in lieu what that is given to you by employer?

 

3. Notice period of 60 days may not neccessarily be applicable to you.

 

4. Relieving Letter:

 

If you are willing to pay the liquidated damages then you should attach some conditions to it e.g. handover the FnF statement,FnF wages,service certificate, acceptance of resignation, last salary slip,PF number and a/c slips,ESIC card,Form16,NOC/NDC,relieving letter should be supplied to you on the spot to you by the close of office hours….of dated on which you will handover the cheque against acknowledgment on the spot…….

 

Employee should tender some reasonable notice……………and if you have tendered some notice…………then employer must have prepared well in advance to complete the exit formalities so as to handover the FnF statement,FnF wages,service certificate, acceptance of resignation, last salary slip,PF number and a/c slips,ESIC card,Form16,NOC/NDC to you by the close of office hours….
Moreover if you affirmed in writing to adjust notice pay in lieu of notice period then it is matter of record and employer was duty bound to complete all formalities by that day and relieve you on that day.

YOu may find many threads with similar queries relevant and useful:::

 

 

https://www.lawyersclubindia.com/forum/Dual-employment-please-advice-114460.asp#.VJ5w0ddAQ

 

https://www.lawyersclubindia.com/experts/Relieving-from-my-company-514871.asp

 

https://www.lawyersclubindia.com/experts/Need-relieving-letter-from-employer-514946.asp#.VJ5yVddAQ

 


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