• Relieving during notice period

Hi, I was working in a company as office administrator. I resigned from my job in the month of July and I was ready to work in 3 months notice period. But after 10 days they relieved me from my job and even they didn't give me relieving letter. Now they refuse to give me full salary because of COVID19. How can I get my full salary and salary for notice period as I was willing to work during notice period.
Asked 1 month ago in Labour

5 answers received in 30 minutes.

Lawyers are available now to answer your questions.

27 Answers

Answer to your first query :  You need to make a written application or send email to HR and mention that as per employment agreement there is a termination clause either side to resign or terminate than Lieu period of 3 months in advance notice or basic pay has to be paid.

So you have full rights to ask for 3 months full payment. Otherwise you can make complaint in the labour commissioner or  registrar and later on file complaint in the labour court.

 

Answer to your second query: No need to pay fees for past six years back here you can make written complaint to education department of your city that is called district forum and keep in cc to state education ministry as well.

Ganesh Kadam
Advocate, Pune
11745 Answers
114 Consultations

4.9 on 5.0

  1. you can serve the employer with a legal notice through a lawyer to make payment of the outstanding amount, and, to provide the necessary documents,
  2. if the needful is not done despite service of the legal notice, you can file a court case

 

Suneel Moudgil
Advocate, Panipat
2336 Answers
3 Consultations

4.7 on 5.0

the demand of the school for the dues (2014) is time-barred as well as illegal,

Suneel Moudgil
Advocate, Panipat
2336 Answers
3 Consultations

4.7 on 5.0

Hello,

You may immediately send them the legal notice and raise demand for the salary legally. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

They can not ask for such dues being barred by time. 

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

Issue notice to your employer seeking settlement i.e., payment in lieu of notice period.  the same shall be in line with the terms and conditions of your appointment order.

You are entitled to get your full and final settlement with payment in lieu of notice period from Company.

If they do not respond to your representation, you can lodge complaint with concerned authorities.

S Srinivasa Prasad
Advocate, Hyderabad
2864 Answers
9 Consultations

5.0 on 5.0

No, you should not pay the alleged fee pertaining to 2014.  They are also not  entitled to demand the said money for  the simple reason that your Daughter did not attend the school during the relevant period and that, they cannot demand payment after lapse of more than 5 years. 

If they insist / trouble you with regard to payment of alleged fee of 2014, you can lodge complaint with concerned higher officials of Education Department.

S Srinivasa Prasad
Advocate, Hyderabad
2864 Answers
9 Consultations

5.0 on 5.0

You are entitled to relieving letter 

 

company can relieve you early not necessary that you have to serve 3 months notice 

 

3) issue legal notice to company to pay your dues 

Ajay Sethi
Advocate, Mumbai
79718 Answers
4806 Consultations

5.0 on 5.0

You are not liable to pay dues of 2014 

 

claim is barred by limitation 

Ajay Sethi
Advocate, Mumbai
79718 Answers
4806 Consultations

5.0 on 5.0

1. Lodge a complaint with local police alleging criminal breach of trust.  Once on this basis FIR is registered you can expect getting your money back. 

2. Even if the due is to be legitimately paid after 6 years the money claim has become time barred and lawfully you are not liable to pay. 

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

It's illegal if you were willing and they didn't give you opportunity. 

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

Your employer is wrong , you are entitled for full salary of three months for which file a recovery suit before the Labour Forum and for the second query protest to the school that dues they are demanding from you no where stands , if they insist sue them before the consumer forum for deficiency in service and claim compensation  for mental agony caused to you and your family.

Koshal Kumar Vatsa
Advocate, Gurgaon
2252 Answers
3 Consultations

5.0 on 5.0

File a specific performance suit against the company for getting your salary.

File a complaint against the school in affiliating authority 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear Sir/Madam,

You are suggested that you have 02 separate queries here. The advice to the first query is that serve a legal notice to the employer/company management to give you payments and relieving letter and if not given by them, file the case in the labour court.

In the second case, just refuse the claim of the school by serving the legal notice and citing the reasons of limitations and time barred.  

Ganesh Singh
Advocate, New Delhi
6542 Answers
13 Consultations

4.5 on 5.0

This action of theirs is against the contractual obligations imposed on both the parties. A legal notice must be sent to the employers and if they do not respond then file a case against them in the labour court.

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

Since you came back and joined rgem that is why they are pressuring you into giving the money. You have no obligations towards them as far as the previous fee is concerned.

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice. 

- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.

- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.

- Hence, better serve the notice period only , and tender your resignation with the request of issue Relieving Letter , and payment of settlement amount .

- If no response, then send a legal demand notice to the company. 

Mohammed Shahzad
Advocate, Delhi
5666 Answers
55 Consultations

5.0 on 5.0

You may go through the conditions imposed in the employment offer letter.

If there is any clause stating that on submitting your resignation, the company may relieve you at its discretion waiving the service of notice period, then you cannot agitate over this early relieving.

However if you still want to send a legal notice demanding your salary mentioning your willingness to work for the full notice period, you may send the same through an advocate.

The reduction of salary during covid-19 period is common across the globe, hence how far your protest demanding full salary may be fruitful to you, but this will not prevent you from taking legal steps to recover your full salary.

 

T Kalaiselvan
Advocate, Vellore
69749 Answers
950 Consultations

5.0 on 5.0

You can refuse to pay the old dues now demanded by the school authorities for the following reasons:

1. it is barred by limitation;

2. There is no reason to demand the old dues at this stage especially when you have got your child admitted to the school second time after many years, this is an act of injustice or an act of illegal extortion.

 

T Kalaiselvan
Advocate, Vellore
69749 Answers
950 Consultations

5.0 on 5.0

Dear Client,

You have to send company a Legal Notice demanding the Three Month Salary and Relieving Letter.

Jaswant Singh
Advocate, Gurugram
891 Answers
2 Consultations

4.8 on 5.0

you will have to issue a legal notice

if they dont reply positively then please file a suit

Yusuf Rampurawala
Advocate, Mumbai
5800 Answers
36 Consultations

5.0 on 5.0

1. You shall have to file a Money Suit claiming the said unpaid amount with interest, damage and cost.

 

2. You can also lodge a complaint to the local labour commissioner in this regard.

Krishna Kishore Ganguly
Advocate, Kolkata
24902 Answers
707 Consultations

5.0 on 5.0

1. This is a fresh query on a different topic.

 

2. The school can not ask the fees for the year 2014 since you had withdrawn your daughter from that school and got her admitted to a new school. The school should take fees for the period of her next admission.

Krishna Kishore Ganguly
Advocate, Kolkata
24902 Answers
707 Consultations

5.0 on 5.0

if the employer denies to pay you your full and final settlement then you can send him a legal notice demanding the said payment and if he still denies then, you can file a recovery suit in the civil court

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

Any claims or action beyond the statutory limitation period is barred by limitation

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

1. You can file suit for recovery of dues against your employer after sending a legal notice for recovery of pending salary.

2. No you dont have to pay any dues for 2014 because you send them letter for withdrawal of admission.

 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Send this company a legal notice through a lawyer, calling upon they to do the full and final settlement in your favour; and their upon clear the dues admissible to you.

 

Seek a relieving certificate as well, through this notice. 

Vibhanshu Srivastava
Advocate, New Delhi
9132 Answers
181 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer