Employer deceitfully deducted my compensation
I was an employee on a large IT company in middle management level. I resigned from the services of the company on 8th Oct 2013 serving a notice as required in the separation clauses of the company, which was initially 2 months but the company changed that to 3 months mid way. I stated in the resignation letter that it should be treated as my 2 months notice, as required by the policy. The company (HR) wrote back to me that I will be released from the services of the company on 31st Oct 2013, as per the policies of the company. On 31st Oct, the company relieved me from the services, without taking my concurrence on advancing the date of last working day. i had no idea that there would be a deduction of salary. I thought since I resigned from the services, the company is willing to relieve me earlier. But had I known earlier, I would not have accepted an early release and salary deduction.
In the process, the company has not paid my the dues for the balance notice period of 2 months and 7 days.
- My date of resignation: 8th Oct 2013
- Should have bee released by the company on 7th Jan 2014.
- Last working day imposed by the company: 31st Oct 2013.
- Salary paid only upto 31st Oct 2013.
In the process, the company has deprived my from the opportunity to be in the job till 7th Jan 2014 and deprived me opportunity to earn my salary.
Following are the clauses governing my separation from the company:
1. Your employment with the Company can also be terminated either by the Company or by you by giving the other party two months advance notice.
2. If the Company terminates the employment and decides to relieve you before the completion of the notice period, the 'Basic' component of the salary for the balance notice period would be paid to you.
3. If at your request, the Company agrees to relieve you before serving the full notice period, you will be liable to pay the Company the 'Basic' component of the salary for the balance notice period.
4. However, please note that accepting any such early relieving request would be entirely at the discretion of the Company.
I submitted the resignation and notified the company that I am available to serve the notice period and did not ask for being relieved early. Going by the above clauses, it appears to me that if the company, at its own accord relieves an employee before completion of the notice period, without the employees consent, it is obliged to pay the employee full salary for the balance period of the notice period and can's unilaterally close the employment. To me, this appears to be a case of cheating the employee. In my opinion, the company is liable to pay be balance salary for a period of 2 months and 7 days.
I a communication with the company, the HR refused to pay stating that there are no dues. I have written several mails to the company but have not received any reply.
I find this not only humiliating but a case where the company has deceitfully precluded my employment and deducted my salary.
Now that I do not have an employment and and in lot of distress as I was a sole earning member of the family.
Asked in Labour from Gurgaon, Haryana