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Thalinder Singh   09 July 2019

Reg: resignation and termination

I would like to seek an legal advice regarding the below mentioned matter:

After serving my notice period with ABC Pvt. Ltd., my one-month salary was deducted from my full and final settlement amount. 

As per my appointment letter, on Page No 3 under Section 5 Obligations it is clearly stated, that  “Subsequent to your confirmation,  the company reserves the right to terminate your services without assigning any reasons giving you the notice of one month or one month’s pay at the discretion of the company.”

Considering above statement, I have served the notice period of one month as required i.e. from 20 Feb’ 2019 to 19 March’ 2019 and after that I had been relieved from my duties on dated 19th March’ 2019 and subsequently my relieving and experience letters are issued to me.

Further, at the time of my full n fianl settlement the company has deducted my one months salary mentioning that, a notice period of 2 months is requried to be served and informed me via email that "it’s mentioned in the INDEMNITY BOND under the “Termination clause that  employee services are terminable by giving 60 days’ notice or Payment of 60days salary in lieu thereof by either side.”

I am seeking advice on whether, i should have to knock the door of court, as i have given the resignation and served the notice period and has not been terminated by the company and accordingly my one month salary will be released.



 2 Replies

Anupam Sharma (Server Engg.)     05 September 2019

Justice is not free and sometimes it is more expensive than one can afford.

jagadish paranjape (Advocate)     07 September 2019

Your one month's salary is illegally deducted.But if the matter is contested,the expenses are likely to be more than one month's salary. Decision is yours.

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