LawRato

Appointment letter does not include notice co. period asking for money


01-Feb-2023 (In Labour & Service Law)

I was working in an organisation. There was no point of notice period in my appointment letter. I left the company and joined other organisation. When pressurised them to get relieving letter they wrote on that i am characterless and a fraud. They also deducted my salary. What action can i take against them?

Answers (3)

Answer #1
572 votes
You can file a civil suit for recovery of the balance amount and also seek perpetual injunction in the same suit for seeking correct character certificate if you want that. In this I am assuming is a private company... Else you have to approach Central Administrative Tribunal
Answer #2
671 votes
You can file a case against them including defamation and further sue in criminal case as well , if it is not mention in your appointment letter than they can't do anything against you and the rest of legal advice I can give you only after having a detail discussion with you
Answer #3
550 votes
Remarks on your character notwithstanding, salary adjustment against failure to provide notice to your employer would depend on the following factors:
1. Place of employment (since different states may have different shops and establishments act)
2. Length of employment

If you are working in Delhi with this company for over 3 month's (assuming all other finer details to be equal) and the contract / appointment letter is silent as to requirement of notice, Section 30 of the Delhi Shops and Establishments Act will apply. This Section provides for a mandatory one month notice to be given by the Employee to the Employer. If the Employee fails to do so, the Employer can deduct a month's wages in lieu of the same.

-Manu Chaturvedi

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."