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Employment terminated without prior notice - financials not settled
19-Jan-2023 (In Labour & Service Law)
I worked for a startup based in Bangalore for a period of 4 months from 25 April 2016 to 29 August 2016. I have the offer letter mailed to me which was accepted and salary is received for these 4 months. But there is no employment agreement or NDA signed. My employment was terminated by the employer on 29th and was communicated through email that a notice period till 15 Sept 2016 will be considered. The offer letter stipulates that the notice period will be of 3 months. I have received salary only till 31 August 2016 and the relieving letter was withheld until 25 Nov 2016 due to which I suffered while looking for next employment. Need to send notice to the company to settle the finances with a salary payment for 3 months of notice period from 1 Sept 2016 to 30 Nov 2016.
You can file a case for your legdl dues and salary, gratuity etc., as per law. If the employer harrasing you, can lodge a complaint WTC., you can file your financial dues in labour court get your legal dues. Consult and file a suit.
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Adv. Sharanagouda S. Patil
Bangalore | 200+ Answers
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Firstly, the notice period clause usually stipulates that if either the employer or the employee want to terminate the employment, then notice of 3 months is to be given and if not, then the salary for that would have to be paid as compensation. This works both ways, so if you quit without completing notice period, then you have to pay 3 months salary to the company and vice versa. So please read the notice clause in your offer letter carefully to understand the implications. Secondly, why was the relieving letter withheld? Was there any communication between the employer and you regarding full and final payment, reimbursements etc which is why the relieving letter could not be given earlier? These facts will be required to send a legal notice. Finally, yes, a legal notice can be sent through a lawyer for a) salary if the notice period clause was not adhered to by the employer and b) if unreasonably they delayed your reliving letter thereby causing financial distress to you since you could not join another company and c) for unpaid salary from Sept 1 to Sept 15.
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