Dear Mams/Sirs, I had worked with a private organisation for a period of 2 years in Mumbai. The joining agreement states that post a period of 6 months of service, an employee has to serve a notice period of 3 months if the employee wishes to resign from the organisation. The waiver on the condition of serving the notice period can be given by the management of the organisation at their discretion. I submitted my resignation letter on 28th of August 2018 and the management waived off the requirement of serving notice period for me and approved my last day of working as 14th September 2018. The organisation did not pay me salary for the 14 days of November but they have mentioned that they had paid salary to me and zero TDS in form 26AS which is used by the Income Tax department for calculating taxes. When I approached the organisation for rectification of this discrepancy, they are asking me to pay a huge amount against the item - recovery of notice period. Please tell me what are my legal options here.
1. if condition of giving notice is already waived then the company cannot now ask any money in lieu of the notice
2. the company is only trying to dodge its liability
3. if the amount of unpaid salary is big enough then it makes sense to pursue it legally
4. otherwise the legal expenses will prove to be more than what you claim from the company
Dear Client,
Is there any payment in lieu of notice period. Well, they have accepted your resignation, hence, you are no more liable to pay notice period and recovery of last salary can be recover by complaining labor commissioner.
1)management has waived off the notice period
2) no need to pay management huge amount
3) it was never condition that you should pay salary in lieu of notice period
4) you can issue company legal notice to pay salary for 14 days of November
1) You need to understand words in the sentence "The waiver on the condition of serving the notice period can be given by the management of the organisation at their discretion." ..means they have kept discretion rights in their hands.
1)Issue a legal notice to organisation for 14 days salary.
2)file a case for recovery of money before the district court.
See after waiver of the notice period now the company cannot ask you to pay the amount and cannot recover notice period it is illegal. You serve the company with legal notice asking your salary and further stating your resignation was accepted without any condition and said notice was approved.
It's illegal you send them a legal notice file a complaint to labour commissioner the same will be resolved
Are you in possession of relieving letter if so then file an application with Labour Department for recovery of dues, this will clear all your doubts.
Dear Sir,
Firstly the clauses cannot be at the discretion of one of the party i.e. employer. Secondly when they have waived off the notice period the issue is already closed. Take your issue to labor commissioner get it resolved u/s 12 of Industrial Dispute Act.
Since the employer has waived off the notice period and had relieved you without the payment of compensation for notice period, you may better not demand the meagre amount or else you would be asked to pay the huge amount towards the notice period, choice is yours, legally you may not even be able to fight against the organization.
Clarify that Did company gave it in writing that your last working day is 14th september? also mentioned your resignation accepted?
If yes, you can send legal notice and demand for your salary.
