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Employer not giving relieving and dues and threatening to terminate
23-Dec-2023 (In Labour & Service Law)
As I wanted to leave the organisation to as per my contract for 2 months as I was not willing to work with my previous employer So, I have told them that I wanted to leave. However they were not agreeing with my decision and my manager said if you wanted to leave you have to serve immediate resignation. And they are started threaten me that I have done few mistakes in past and I was involved in unauthorized activities. So If you do not resigned instantly then, we will terminate you. and I have been told that they will release my relieving and finals due. However, Now they are marking an email that I have done few mistakes and demise the contract so they will not release any of my dues. And Management will soon take an action against me for demise the contract to recover the loss. as per my contract I have to serve a notice period for 2 months and My manager told me not serve a notice I can leave without this as they think I might not work properly in notice period. Kindly advise
Your manager is trying to play smart by persuading you to not give them the notice prior to taking leave from the job. The notice period as stipulated in your employment contract is mandatory. You might lose any future litigation just because of the fact of not giving this small piece of paper called notice.
Now as regards what you need to do now-
•Firstly, please give a notice properly addressed to the appropriate company heads. Keep some proof of giving the notice with yourself.
•As the management might play smart for non compliance of contract, please check all the other formalities that you might have to adhere to prior to resigning from the job.
•As regards release of your money, you need not worry. Try to make sure you have all proofs of your dues and have reasonably complied with the contract.
•If they still don’t release your dues, the courts shall intervene and award you your rightful dues along with interest for the entire period.
All the best. Stay blessed.
Now as regards what you need to do now-
•Firstly, please give a notice properly addressed to the appropriate company heads. Keep some proof of giving the notice with yourself.
•As the management might play smart for non compliance of contract, please check all the other formalities that you might have to adhere to prior to resigning from the job.
•As regards release of your money, you need not worry. Try to make sure you have all proofs of your dues and have reasonably complied with the contract.
•If they still don’t release your dues, the courts shall intervene and award you your rightful dues along with interest for the entire period.
All the best. Stay blessed.
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Adv. Akshat Mittal
Panchkula | 100+ Answers
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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.
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