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Advocate Suneel Moudgil (Advocate)     05 December 2010

Labour Law

Dear All,

Mr. A had left job without giving notice to his company ( Broker Company ), his company stopped  his last salary of 25 days, can he file complaint before labour officer, and what are the chances? it was mentioned in the Service agreement that if the employee wants to leave the job then he has to provide a 1 month notice..........


 1 Replies

Kirti Kar Tripathi (lawyer)     05 December 2010

To receive wages is the right of an employee under his service conditions as well under the statutes, whereas prior to resignation giving notice is an obligation under the contract between him and his employer, which is civil consequence. Thus in case, the salary of an employee is withheld on the ground that he has not given any notice prior to his resignation amounts to violation of statutory provisions, as such he has a right to claim under the law and withholding of salary on account of notice period shall be illegal. In case, employer want to enforce the provisions of contract, he has to file suit for breach of contract in the Civil Court. He can not with held the salary/wages on this score.. 

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