• Regarding notice period

Hello... I was working as a senior resident in medicine department in a private medical college in lucknow. The company stoped paying us salary since  march 2017.we talked with the management many times but they always made false promises and didnt payed us. In june they declared forced vacation and asked everyone to go home and they will call us after 1 month. On 1st july they again extended the vacation by 1 month. Frustrated by this and with empty bank balance i resigned from my post. I have not got my salary from march to june and they are saying as i have not served the notice period so they will not give me my salary and reliving letter. My question is if someone dont get salary since 4 months with uncertainty of job is it necessary to serve notice period. Am i not eligible to get my salary?
Asked 2 years ago in Labour from Kanpur, Uttar Pradesh

1) if you did not get your salary for 4 months you hav e to take recovery proceedings to recover your salary

2) if you did not serve notice period as per your appointment letter college can seek to recover salary in lieu of notice period

Ajay Sethi
Advocate, Mumbai
69091 Answers
4157 Consultations

5.0 on 5.0

what was the notice period that was defined in the employment contract.

If they themselves have extended the vacation for you then how can they take the defense of notice period.

The action is arbitrary.

Serve them with a legal notice immediately.

Regards

Anilesh Tewari
Advocate, New Delhi
17271 Answers
267 Consultations

5.0 on 5.0

Let me know if I can be of further help, I have a dedicated team working at Lucknow.

Regards

Anilesh Tewari
Advocate, New Delhi
17271 Answers
267 Consultations

5.0 on 5.0

I can understand your situation and also point of your query/question. My understanding that "The company stoped paying us salary since march 2017.we talked with the management many times but they always made false promises and didnt payed us. In june they declared forced vacation and asked everyone to go home and they will call us after 1 month. On 1st july they again extended the vacation by 1 month." it is one type of harassment from the company. You have to protest the same.

You have to issue a legal notice for questioned the termination letter and to request for issue a reliving letter, work experience letter/service certificate, Payslips, Full and Final Settlement of your dues amount. If you send all your details to me, I will issue a legal notice to the said company.

After wards, you have go through within your rights to lodge a complaint with office of the Labour Inspector mentioning date, time, phone numbers ( yours and of HR manager), in person representation etc. You may demand that this HR manager should be called in person along with policies of the company stated by him/her. Employee (you) should record (audio/visual) statements/representations which shall be useful later in an appropriate forum.

It is the duty of Employer-company, he should issue a reliving letter, work experience letter/service certificate, Payslips, Full and Final Settlement of your dues amount.

Law is on your side. If your company is turning its back to law and being adamant, there are other ways of solving your problem. You can file a petition to the nearest ALC( Assistant labour Commissioner) or in a labour court to get a favourable order. Any such restrictive practices on the part of the employee from employer will be violative of the Indian Contract Act and Art.19 of the Constitution. I would like to advice that you will go smooth way to convince the HR and concerned persons, I hope you will get relief as prayed/requested. ... good luck. ...

.... by Chandrashekhar Vithal Jadhav, Advocate & Law Consultant, Bangalore.

C. V. Jadhav
Advocate, Bangalore
543 Answers
16 Consultations

4.7 on 5.0

See, your case is of forced resignation which was planned by your company by making that kind of circumstances. First you need to send the legal notice to them in which you can ask about all your issues and their reasons and ask for your outstanding amount. You are definitely entitled for your hardwork salary. After that you can file civil recovery suit in case the notice does not get you the desired relief.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

What are the stipulations as regards to notice period in your employment agreement?

Basically, what this employer is trying to do is that he's asking you to meticulously adhere with the terms of the employment agreement. Whereas, he himself has drastically failed in adhering to the same inasmuch as, your salary is in arrears for about 4 months. Thus, he's playing hot and cold at the same time, which isn't permissible under law.

Send a legal notice for recovery of all your dues together with the relieving letter.

Best,

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Sir , please go through the terms and conditions, if any, against which you were hired. If no noticed period was mentioned there then they are bound to give you salary and reliving letter. If notice period is mandatory then they may hold the salary for the last month, but holding the salary from March is illegal and arbitrary.

Please send a notice to your employer for releasing your salary and if they don't comply you can drag them before the Labour Court.

Sir I wish you all success in your difficult times and hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
192 Answers
3 Consultations

5.0 on 5.0

Breach of contract means not following or violated all or some or a certain terms and conditions of a contract.

Since your employer didnot pay any salary, therefore they already violated the contract and Labour law of the country. See for not providing 3 months notice period they may hold the salary of the last month, but taking it as a weapon they cannot hold the salary of all the months of which they were in default.

Hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
192 Answers
3 Consultations

5.0 on 5.0

1) if employer has failed to pay your salary you should sue him to recover your salary dues

2) if you resign you have to serve the notice period stipulated in contract

Ajay Sethi
Advocate, Mumbai
69091 Answers
4157 Consultations

5.0 on 5.0

Send a Legal Notice seeking forthwith disbursal of your 4 months salary which is in arrears.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Yes that is true and you are at no fault in this case, you have the right to take appropriate legal action.

Regards

Anilesh Tewari
Advocate, New Delhi
17271 Answers
267 Consultations

5.0 on 5.0

1) "I was working as a senior resident in medicine department in a private medical college in lucknow. " - First arrange the Offer Letter and Appointment letter with any code of conduct if you signed with the company like Contract or something else.

2) "The company stoped paying us salary since march 2017.we talked with the management many times but they always made false promises and didnt payed us." - Any Written communication you have for this to right concern authority for salary and wages??

3) "In june they declared forced vacation and asked everyone to go home and they will call us after 1 month. On 1st july they again extended the vacation by 1 month. " - Do you have any written communication for the same from your employer?? and have you accepted for this??

4) "Frustrated by this and with empty bank balance i resigned from my post." - You have resigned with notice period or left the job immediate effect..?? If notice period served do provide the tenure for the same. Also do they accepted the same in written communication or not??

5) "I have not got my salary from march to june and they are saying as i have not served the notice period so they will not give me my salary and reliving letter."- To get the details of type of separation from the company kindly review the appointment letter. Also If you are not able to serve the notice period and need the relieving from the company from immediate effect then you need to pay one month salary (what so ever mention in the contact) to the company.

6) "My question is if someone dont get salary since 4 months with uncertainty of job is it necessary to serve notice period. "- At a point and when you are going to left that job & you have resigned as you didn't received the 4 month salary. Why you didn't suit the file at the same time in labour court under wages act.?? You are eligible once you provide all the evidence required mention above.

Rajeev Ghoshal
Advocate, Allahabad
3 Answers

4.0 on 5.0

First you see your Appointment letter which must contains the rule in this regard and then I can answer your 1st question. Generally rule is that if an employee gives his resignation it is for the employer to ask the employee to serve notice period or instead pay 2 or 3 months salary as given in the appointment letter. Your salary due before resignation must be paid to you, it has nothing to do with not serving notice period.

Secondly breach of contract means non - performance of contract by either of the party to the contract. Your case is nothing to do with contract but you pursue your case in labour court for salary not paid.

Mayank Srivastava
Advocate, Allahabad
61 Answers
14 Consultations

5.0 on 5.0

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