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Not Served Notice Period of 3 Months now employer not clearing dues
22-Jul-2023 (In Labour & Service Law)
I was working in Finance company as Credit Manager, joined in Aug 2015 and as per my appointment letter my Notice Period is for 2 months while HR send mail in Nov 2016 stated all employees Notice Period changes to 3 months, I had resigned on 23rd April 2016 stating i am unable to serve complete 3 months notice period hence serving only 1 month notice period and for balance notice period i am ready to pay the same. Co did not paid salary to for April 2016 and May 2016 while my Last working day was 23 May 2016. Now till date they did not given me any clearance and FnF, what should i do now,
If the Company asking you to pay 3 month salary means there must be a specific term in your Appointment Letter regarding the Notice period for resignation , on the basis of which they are claiming the same. If the specific condition is there in it you need to pay them.
Private employment is governed by your employment contract.
For a specific answer to your question, and to look at what all option your have, your employment contract need to be looked into. Generally, there are 2 options available to every employee at the time of resignation.
Either you can serve the notice period specified in the employment contract or you can pay your monthly salary for the notice period month(s) as mentioned in your employment contract / letter. So you either serve the notice period i.e 3 months or pay 3 months salary to the company.
Private employment is governed by your employment contract.
For a specific answer to your question, and to look at what all option your have, your employment contract need to be looked into. Generally, there are 2 options available to every employee at the time of resignation.
Either you can serve the notice period specified in the employment contract or you can pay your monthly salary for the notice period month(s) as mentioned in your employment contract / letter. So you either serve the notice period i.e 3 months or pay 3 months salary to the company.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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