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Resignation was told as Termination and salary dues are under hold
10-Apr-2023 (In Labour & Service Law)
I resigned from company on the same day after the discussion on reducing my salary by 40%. MD confirmed not required to serve notice period can relieve immediately as they are not ready to pay for it. Hence i relieved on same day. Couple of days back i got an email stating i was terminated due to performance and i have to pay penalty for not serving notice period. And, there was no other points when i will be getting on my experience certificates, salary dues. Note, it is a very small company and no proper docs available and also i never signed anything on my employment till my last day.
Dear Sir / Madam
Good. You have resigned from your company in consultation with your MD on deduction of 40 % of your current monthly salary without putting it in writing.
You have not stated that whether your have consulted with your company's Human Relation Officer in this regard.
You would have obtained relieving order on the same day while making them in accepting your resignation as stated by you without serving notice period. But without that they could say anything.
Notice period is for the company to make alternate arrangements in your place.
Inspite of that as per your words. No document was signed on the days of your employment then you have no worry to pay penalty.
The company has to prove all those things.
The only things that you have confirm is that whether you have given any written resignation demanding all those benefits available to you with an acknowledgement signed by the company on the alleged date.
Good. You have resigned from your company in consultation with your MD on deduction of 40 % of your current monthly salary without putting it in writing.
You have not stated that whether your have consulted with your company's Human Relation Officer in this regard.
You would have obtained relieving order on the same day while making them in accepting your resignation as stated by you without serving notice period. But without that they could say anything.
Notice period is for the company to make alternate arrangements in your place.
Inspite of that as per your words. No document was signed on the days of your employment then you have no worry to pay penalty.
The company has to prove all those things.
The only things that you have confirm is that whether you have given any written resignation demanding all those benefits available to you with an acknowledgement signed by the company on the alleged date.
Helpful?
Adv. A Selvam
Madurai | 25+ Answers
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