Full and final settlement + Relieving letter
3 years ago
If an employee resigns from the company and serves one month notice and offers to pay salary in lieu of notice for the remaining 2 months ( total 90 days notice period in contract), can the company demand the employee to pay salary for 90 days (and not 60)? Even if the employee has served 30 days notice.
The actual clause states this - "You may also leave the employment of the Company by tendering 90 [ninety] days notice or
salary in lieu of notice."
Also, can they stop the relieving letter? And threaten to take me to court for the same?
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hello,
As per your facts company cannot sue you or cannot stop the relieving letter. Though, every company has different terms and conditions on which they operate
As per your facts company cannot sue you or cannot stop the relieving letter. Though, every company has different terms and conditions on which they operate
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A.Hi,
Since your facts state the payment of salary in lieu of the notice period of 2 months, company cannot take any action and stop the relieving letter, but every company operates in different ways
Since your facts state the payment of salary in lieu of the notice period of 2 months, company cannot take any action and stop the relieving letter, but every company operates in different ways
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Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.no.
if actually served 1 month notice then company can not ask salary in lieu of notice for that 1 month.
obviously can not stop relieving letter.
Hope this clarifies,
Advocate Ankur Goel
if actually served 1 month notice then company can not ask salary in lieu of notice for that 1 month.
obviously can not stop relieving letter.
Hope this clarifies,
Advocate Ankur Goel
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