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employer problem

(Querist) 06 July 2009 This query is : Resolved 
I have given resignation from my company & company agreed to pay me two months notice period but they paid only one month. When I am asking them to pay me, they declined and they told me that i was terminated due to falst statmenet and playing politics. I have everything in writing which clearly demonstrate that I have given resignation & I was very good employee. All such type of email communication was between me and my ex boss. Same person told me that he will give me good refernce for my work in email and now he is telling i was terminated. He also communicated to the team at the time of resignation that I have given resignation because of personal reason. Now tell me what type of remedy available to me. Thanks in advance
Amit Shukla (Expert) 06 July 2009
First you give a notice to your employer for getting your dues.If he doesn't pay then file a suit against your employer.
Jayashree Hariharan (Expert) 06 July 2009
Give a notice. If they don't reply positively, then file a case in labour court.
PALNITKAR V.V. (Expert) 06 July 2009
you may approach labour court.
Guna Shekaran R (Expert) 06 July 2009
Dear Amit

Whether your resignation was accepted or you are terminated? which is fact?

Why you have not given two month's Notice to your company prior to your resignation? Is there any written communication about two month's Notice Pay?

If you are in Management, you need to approach Civil court not the Labour Court as you are not a workmen under ID Act

R.Guna Shekaran
Guest (Expert) 08 July 2009
Your employer has taken a false step. If he simply accepts your resignation, it is altogether a different and fair proposition. If he insists of termination, it is illegal because, without holding any proper domestic enquiry and giving you a reasonable opportunity, he cannot termiate you and you are entitled to damages, if you are not a workman and you have to file a civil suit for damages. If you are a workman, you have to file a statement of claim in labour court seeking reinstatement with full back wages from the date of termination.

So, your employer will be at loss, if he insists of termination.


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