LawRato

Recovery of full and final settlement due from employer


03-Jan-2023 (In Labour & Service Law)
Co. Type: Pvt. Ltd Employees: 6-9 My appointment letter has 1 month notice period and hr has sent out a mail of 3 months notice as a new policy without any prior intimation, also they are not providing salary slips for last few months. What are my options if I were to resign with 1 month notice and also basic documents I should have before leaving the organisation. Also, if you can throw some light on FnF settlement legal duration when an employee's notice period ends after the salary processing date.
Answers (3)

Answer #1
881 votes
Have they made the employees sign the new contract wherein the notice period has been increased from one month to one month. You can deny the fresh conditions imposed on you in case you want to resign early and are not interested in signing a fresh agreement.

Answer #2
688 votes
The appointment letter has a clause that the terms and conditions of employment can be changed anytime as per the convenience of HR and Management therefore they have absolute right to increase the notice period and whether the same is applicable on employees with old policy is on discretion of the Company. However the company has to issue a salary slip if you are on the payroll therefore this act of company can be challenged. The fnf shall take place after successful completion of your notice period. The issue of whether you can resign within one month is subject to discussion with the HR and has no legal statute to decide the same because practically speaking of you wish to resign against the policy then you may face problem in fnf and with little chance of success of a suit is filed in labour court or appropriate labour authority either under Workman Compensation Act or Industrial Disputes Act.
Answer #3
504 votes
Premature Query:

However, if you received mail regarding notice period of 3 months without prior information then you should sent its objection/reply to hr that you are not agree with the new policy if you are really not agreeing and ask them to put your employment with the old policy. Then wait and let see what hr says upon it...

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."