(Querist) 15 September 2008
This query is : Resolved
Dear All, I have worked with a company for almost 5 months i.e. 3 March - 21st July. I was on probation period during this period. I left the co. due to some personal reason. According to appointment letter I had to give 15 days prior notice before resigning. I gave the notice on 11th of july but i left the job on 21st of July only. Till date I didn't get my June month salary which became due on 7th of july. I have mailed my previous employer regarding my the salary matter, but he replied that, I have to be there in person to fulfill full & final settlement procedure and then only I can get the due amount, if any. Only 50% of my June month salary was transferd to my account on 7th of July reason being insufficiency of funds. the rest 50% is stil due. They purposely stopped my salary Now my query is that, is it necessary to follow the full & final settlement procedure as for me it is not possible to visit the last co. again. Can i claim for 20 days worked in the month of july also.
Can i file a case where i am staying at present.
Is Limitation Act applies in this case? If yes, then what is the time limit in which I can sue the company. Kindly suggest
(Expert) 16 September 2008
You have entered into agreement with the company and according tot he terms and conditions you have to give 15 days notice. But without abiding by the terms and conditions of the agreement, you left the Company. In such case, if as per the agreement between you and the company provides for payment of any compensation in lieu of the notice period, you are bound by it. Pl check it.
As far as full and final settlement is concerned, normally some companies have the procedure of keeping some amount as security to set off for any items/articles/loans advances given by it to their employees. Once no due certificate is issued by the concerned, Account department settles the accounts.
(Querist) 26 September 2008
First of all many thanks for prompt reply.
But my query is still unsolved. I know tha I am not eliglible to get salary for the said notice period as I did't fulfill the required notice period. But what about the salary that I have earned comfortably before giving notice that is of June 2008 and I gave the notice on 11th of July 2008.
Kindly suggest me om the unsolved part of my last query.