Not serving notice period and adjustment of pending arrears amount
Dear Sir/ Ma'am,
My name is Arjun Tyagi and i was working with an event managemnt company in Delhi. Due to some family health problems i resigned from the organization and company accepted that also asking me to serve the notice period as per the company policy which is 30 days but they have asked me to serve notice for 45 days. But i refused to serve the entire notice period only because of my family health problems and told them that i am ready to buy my notice period and asked them to adjust my arrears amount of last 7-8 months which are pending with the company and rest balance i will pay. But they have refused outright and said that they will not adjust my arrears amount and asked me to pay the entire notice period salary. Then i asked them that i am ready to pay the notice period amount but atleast tell me when am i getting my arrears amount but they are not ready to give my arrears amount also saying it is against company policy and harassing me mentally to pay the amount on an immediate basis else they will take the legal action against me. Kindly advice me what should i do as it is my hard earned money(arrears amount), how can i leave that amount and i have to join some other job also otherwise i will not be able to feed my family. Request to kindly advice me as me and my family is facing lot of mental pressures due to their daily threatening mails of taking legal actions against me. They might also send me a notice on this.
Asked 2 years ago in Labour from New Delhi, Delhi
Normally in such cases employee has to approach Labour court. Kindly contact local lawyer and file a application for recovery of arrears against the company.
So should i pay amount which company is forcing me to pay and then file an application for recovery of arrears? Or first directly file an application. Kindly elaborate your suggestion. As I am not in a position to spend lot of money on this legal matter, so kindly tell me what is the expected amount i might be spending to contest this case?
Asked 2 years ago
Listen hi there,
No company is entitle to retain your arrears amount. Since arrears amt. is undisputed and worth saying the arrears amount is your right against the service already delivered to the company. File a application for arrears along with prayer to stay against company for forcing to pay notice amount. Regarding fees I do not think that fees of lawyer would be of higher side.
Hi sir/madam, you have every right to get your arrears from your company, you have to adjust the same in your arrears for the notice period but the company is refused. If the company refused, you have to give representation to the jurisdictional District Labor Commissioner by narrating your query and claim the same and they are inquired and they will settled the matter in easy way and legal way.