Salary on hold during notice period?

Rishi Gupta (Querist) 11 August 2011 This query is : Resolved
Hi, I am working in India Pvt. Ltd. It has a employee strength of 6 in all.
I have few questions:
I joined the company in Dec-2010 with a written appointment letter which mentions six months probation and one months notice period in case of resignation during probation period and 3 months after confirmation. Non issuance of confirmation letter will no mean confirmation. It does not contain any clause of bond either during probation or after confirmation.

Now last month on completion of six months, management wanted me to sign a bond of one year equal to my one year salary amount which I denied and hence the only option left was to resign. And post my resignation, they issued the confirmation letter which I never signed, stating I am now confirmed and my notice period is 3 months.

Now post one month of resignation, they came up with the policy saying they will hold my 3 months salary for the notice period and will give it together with Full and final settlement. They even have drafted a policy pdf document for that.

I request you to help me with your expert knowledge on my following questions:

1. How much valid a bond is when I have already served six months and company is not expending any specific amount either on my travel or honing my skills by imparting trainings?
2. How much the confirmation letter is valid and the terms of notice period when confirmation letter was issued post my written resignation. And that too a confirmation letter which I never signed (I think it requires my acceptance since it changes my terms of employment - notice period to three months)?
3. How much salary on hold for 3 months is valid where I am serving the notice period and attending office and its duties in normal hours?

Do you think I have any remedy in the given circumstances?

Please help me, I don't want to ruin the relationship with people but at the same time I don't want to be manhandled by wrong people.

Thanks in advance for your help!

Rishi

Follow Query

Report Abuse

Guest (Expert) 12 August 2011
Any communication issued with post-facto effect would not be valid. Requirement of any Bond, if not already mentioned in your offer/ appointment letter would be invalid. Also, if confirmation letter is issued after submission of your resignation that would not be valid. It clearly smacks the mal-intention of the management just to alter the terms of resignation against your interest during the notice period. Salary cannot also be withheld merely on the ground of submission of your resignation, if it is not already specified in your offer/appointment letter. It is clear that the management needed your signatures on confirmation letter just to have your acceptance on wrong policy made after your resignation letter.

Rishi Gupta (Querist) 12 August 2011
Thanks MR. Dhingra.

Guest (Expert) 13 August 2011
You are welcome Mr. Rishi.

prabhakar singh (Expert) 14 August 2011
MR. Dhingra is right

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries