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amit KAPOOR   13 June 2018

Terms & condition of resignation

Issue, 

 

Firstly, the difference of terms and condition of resignation and serving notice period on the confrimation letter which is 3 months and on the joining letter/offer letter is 1 month mentioned by the employer.

 

The condition of serving 3 months’ notice period after submission of resignation was mentioned on the confirmation letter instead of offer letter or appointment letter by the employer.

All the more, the confirmation letter was not got signed from the employee although, the confirmation letter was sent by the company, but the company did not take the receipt/acknowledgement from the employee

Employee served 45 days’ notice(co. asked to serve the 45 days’ notice , only, worked for 45 days and relived subsequently paid for 30 days and co. withheld the payment of rest 15 days saying that the employee did not serve the notice period of 3 months as mentioned on the confirmation letter.

Whereas, only 1 month notice period is mentioned on the appointment letter. at the settlement on full and final co, paid 30 days salary but deducted 15 days salary saying that the employee did not serve the 3 months’ notice period

What should do next?



Learning

 1 Replies

Siddharth Jain   13 June 2018

you'll have to serve a legal notice for the recovery of 15 day salary, as the employees only bound by the agreement which he has signed.

if the company fails to settle a lawful dues within 15 days of the receipt of the legal notice you can file a suit for recovery Civil Court against the employer.

For any other queries feel free to contact me at isidjain1@gmail.com

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