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Notice pay - relieving reg

(Querist) 12 August 2009 This query is : Resolved 
Dear Experts,

I worked for a multinational company for 2 years & 2 months. As per my appointment letter, on resignation, i'm required to serve 3 months of notice or pay my basic salary in lieu thereof. After i submitted my resignation, the employer insisted that i work for 2 months. But, i could not. i served one month of notice period and paid basic salary for the days not served. I've joined another organisation after my last working day there. My previous employer is now sending communication that i'm not relieved from the organisation as yet, and asking me to report to work. After my last working day, i have submitted all dues, documents, and other formalities my self to immediate supervisor. I've also given them cheque for my notice pay. Pls advise the way forward. Are there any implications from my side ?
R.R. KRISHNAA (Expert) 12 August 2009
You have stated that "i served one month of notice period and paid basic salary for the days not served."

As per your above statement you have worked for 1 month and for the remaining 2 months you have paid your basic salary.
It seems you have not followed the rules clearly (Rule says that 3 months notice period or 3 months salary). But you have done something which does not fit in the rule.

You can write a letter to your previous employer in a pleasing manner stating that you have paid 2 months salary and have worked for 1 month and request him to treat the same as fulfilment of the condition in the appointment letter and relieve you at the earliest.

All the best.
Praveen (Querist) 12 August 2009
Thanks Mr.Krishna for your response. TO add more clarity, the clause in the appointment letter states that, 3 months services or basic salary for the days not served, on termination of employment from either side. so, i am justified that one month was served, which i could afford and for the two months that i didnt serve, i paid my basic salary upfront. How does this not fit into the rule ?
piyush sharma (Expert) 12 August 2009
Mr Praveen if you have paid to your employer for the breach of employment contract and fulfilled all the terms then your employer is wrongfully sending you notice. May be he just want to put pressure on you.
charudureja (Expert) 12 August 2009
When u paid the sum did u not take the relieving letter saying that u have paid all the dues and nothing is left now. thats the rquirement whn u have done ur part then it becomes ur responsibilty to take these things too, to protect ur self from such employer. if u have that thn he cant pressurise uotherewise u need to prove that u have paid all ur dues in lieu of the motice period.
Manish Singh (Expert) 13 August 2009
dear Praveen,
according to the wordings of the clause, you have served your part under the contract so you need not worry abt the consequences as that is going to be in ur favour. send him a letter ststing all the facts in details and keep a copy of the same for future references.
Praveen (Querist) 13 August 2009
I have copies of all payments and communication that i sent to the employer. Even before 3 days of my last working day, they were stressing that i serve for one more month. bcoz of which, i sent them the payment of notice period through registered post. On my last day, i have got no dues signed from other departments as well. after my last working day, i had received telegrams stating that i should continue to report to work. I have stated all facts in my communication to them after that. Yet, They are continuing to do the same claiming allegations that work is suffering because of my absence and i have caused grave prejudice to the company. Pls help.
Manish Singh (Expert) 13 August 2009
basically you need not worry over the claims they are making against you. just write another letter showing all the facts and ask them to stop harrassing you.
even if they file a suit agaist you, that wont be maintainable. even if smhw that got accepted by the court, you can file a WS along with application for rejection of plaint.
Praveen (Querist) 17 August 2009
Dear Manish, Thanks for your inputs. I am getting my reply letter ready to send to them. Can you explain what a WS means ? I am a novice in this subject. Pls help.

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