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Surya Singh   23 March 2023

Employer not willing to pay notice

Hello Experts, 

Need your guidance I was working as an HR with my previous organization I had resigned and wanted to serve the 2 months notice as per the appointment letter clause but I was relieved without consent within 10 days of my resignation. I am jobless and in such case the employer is not willing to pay the notice period amount which they should in case of releasing the employee. 

Request your guidance in this regard as I have dropped emails to senior management with no response at all. 


 5 Replies

Dr J C Vashista (Advocate)     24 March 2023

Did you demand the salary in writing and refused ? If so, move to area Labour Commissioner or raise an industrial dispute u/s 33 of ID Act through a local lawyer.

Surya Singh   24 March 2023

I have dropped them multiple emails requesting them to pay the notice period amount with no response to it and they have also blocked my Email id. 

Real Soul.... (LEGAL)     24 March 2023

Since you have resigned and it is now the employer's choice to relieve you are keep you for notice period. When you had no job option at hand why you resigned .

If there is anywhere stated between you and the employer (any contract, job offer, appointment letter) that you shall work for notice period mandatorily then you can file compliant in labor court.  

Surya Singh   24 March 2023

I was asked to resign and it is very clearly mentioned in the appointment letter that in case the employer asking to leave when the employee wants to serve notice in that case the employer has to pay the notice period amount. 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 March 2023

Usually, whenever any employee resigns, company withholds employee's salary during notice period and pays it during Full and Final settlement. It is only to make sure if the concerned employee has any dues payable to company, whether employee is giving his charge handover properly etc. before official relieving

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