I was employed with a company from Apr 17 onwards. However on 25 Jun 18, I was issued a letter by the company director that the company is serving 2 months as per the terms of employment.
later on 4th July 2018 I was called by HR and was informed that I can stop coming to office with immediate effect and handover the documents and my responsibilities on the same day. when questioned about the notice pay salary, HR informed me that salary for the remaining period will be settled as per the salary schedule and F & F shall be settled on completion of notice period on 22-Aug-18.
The company paid salary for Jul 18 in the first week of August 2018.
During the interim I joined my new employer on 9th Jul 18.
now the previous employer has with held my salary stating that I was in employment and no notice period pay will be paid as per earlier confirmation as I am in full time employment.
kindly advise if I can claim the final settlement in this situation
As your employer had waived off your notice period and was ready to pay salary in lieuof the notice period, they would still be liable to pay the amount as per law even if you had joined another company.
you should send a legal notice to them asking them to repay the entire amount within 15 days of the receipt of the legal notice. if they fail to do so you can file a suit for recovery against them.
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