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Nilesh (Eng)     07 April 2014

Notice period recovery - final settlement issue

Hello

I resigned in my previous company and I was ready to serve entire 90 days notice period as per offer letter. Company wanted to me to take an early release due to its internal department issues. They adjusted my notice period against my leave balance and waived off reminder. Now, finance department showed leave encashment in my before tax salary and recovered notice period amount after tax salary. Basically, I have lost my entire leave encashment and ended up paying money to company for notice period.

 As per employement offer, either company or employee need to give 90 days notice period. Some of my collegeauges  got money from Company for taking an early release. Now manager is not able to justify this discrimination and not responding to my queries. It's a well established multinational software firm.

How can company legally recover notice period when employee is willing to serve the entire notice period? Are there any legal options that I can pursue?

Thanks



 2 Replies

Kumar Doab (FIN)     07 April 2014


Did you give in writing to for an early release?

If NO and company has to tender notice payment for shortfall in notice period!

If you had given in writing to serve full notice period then company has to tender notice pay to you.

Resignation can not be accepted before the notice period/effective date of resignation given by employee.

If you had given in writing for an early release then your company and your manger has made a pas on you and has squared off your dues.

Did you accept the FNF statement as correct in writing?

You should not have.

 

If you have any evidence that your manager and company has wronged you, then you can lodge complaint in any forum of your choice.

You can approach lawful authority, lawyer , court of law.

 

 

 

 

There are many threads on similar queries e.g;

https://www.lawyersclubindia.com/forum/Resignation-without-serving-notice-period-94178.asp#.U0KdCkeBmXU

Kumar Doab (FIN)     07 April 2014

--------------------Deleted as it was posted in wrong thread due to an error-----------------


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