LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Satish Bhanushali   23 November 2023

Previous employer asking for notice pay

hi guys, i need you suggestions/help.

so i was working with this company called idfc bank.
i resigned from it on 13th sept and my official last working day was 13th December (ie 90 days).
but hr and my line manager wanted me out early so they changed my last working day to 20th October. i told them that i will be serving the notice period but they wanted me out.
so my last working day was 20th October and today in my fnf sheet, the company is asking me to pay for my notice period and it has adjusted my 20 days salary against it.
what should i do inorder to get my salary back and get rid of this notice pay?



Learning

 5 Replies

Dr. J C Vashista (Advocate and Legal Consultant)     23 November 2023

Before responding your query it is advised to replace mode of addressing the experts obliging you in your query from "hi guys" to some respectable quote.

1 Like

SAM (LEGAL)     23 November 2023

Dont pay notice pay instead ask them your full and final settlement or else threaten them that you will go to labour officer to file complaint regarding your dues

Ritesh Maity (Labour Law Advocate)     23 November 2023

An employee is required to serve notice period or pay in lieu thereof in terms of his appointment. 

If you are willing to serve the entire notice period (hope it is mentined in your letter of appointment) and if the company has waive off part of notice period (hope you have written communication of the same), then you have a good case. In this event, you are not required to pay the notice pay since the same was waived off at the instance of the employer. 

It is advisable that first you take the full and final settlment (tactfully) and thereafter demand the illegally deducted salary against the employer using due process of law. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     23 November 2023

If the company has waived the serving of full notice period by a written communication then the company cannot recover the amount towards the balance notice period.

You issue a legal notice demanding the return of the amount they recovered in this aspect.

Aftre that you can resort to legal action by filing a money recovery suit

1 Like

Sudhir Kumar, Advocate (Advocate)     24 November 2023

fully agreed with Dr Vasistha


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register