R Chakraborty (Service) 23 March 2016

Company not paying notice period salary

Hello Sir / Madam, I worked with a MNC (used to work with their MNC client) and resigned after 2 months, with 30 days’ notice period as per my contract. After I resigned, their client asked me not to continue their service anymore after 3 days. Immediately after, I requested my employer company about the status, and they asked me to not to go to Client site anymore (over mails). After that I asked my company many times (over mails), and they never confirmed my last working day. I assumed that I need to serve 30 days’ notice period and I didn’t accept any other job offers in the meantime. After completion of 30 days’ notice period, they didn’t inform me anything. I started following-up again. After 2 days they suddenly send me a mail that they are not considering my notice period and will pay till my working day at client site only. They will not pay my last 30 days notice period salary. At this point of time, I am in immense pressure as I didn’t do any other job in the meantime. I have all mail communications. Please let me know if I am eligible for my notice period salary or not. Is this legal for the company to wave off my notice period salary after notice period, and without any information Could you please advise what to do now to get my hard earned money? Best regards

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3 Replies

Kumar Doab (FIN) 23 March 2016

You may show the appointment letter and all rules/policies mentioed in it, emails etc to an able counsel specialzing in labor-service matters and proceed further thereafter.

Apparently the company asked you not to go on duty at location assigned to you and di not allow/allocate any work therafter.

Hence it has to tender notice pay as per contract.

You may decline to accept the decision and demand notice pay as per contract bya communication by email and letter registered post addressed to appointing authority,MD and attach copy of said email vide which pay is denied to you.

YOur counsel after due examination can advise you the appropriate forum that you can approach.

YOu can also pursue thru Employee's/Trade Unions.

R Chakraborty (Service) 24 March 2016

Thanks for your advice. Can you please let me know how to approach a Counsel specialized in Labor-serviced matter. Please share any contact for Bangalore

Kumar Doab (FIN) 24 March 2016

You have to find out the counsels that specialize in this field of law, at your location on your own. Labor-service matters is altogether different fielf and in each city there are few counsels that specialize in it and have exclusive practise in this field and they are well known.

Your near and dear ones,family lawyer, employee's/trade union leaders can guide you.

YOu can visit local labor court/CGIT,CAT, Tribunals, Civil court, HC etc to find out.

Local DBA officials can also help you.

If you wish to search in LCI databank you can conduct search at:

https://www.lawyersclubindia.com/lawyers_search/

You shall have to check the credentials and firm up your T&C, fee etc on your own.