Salary hold by employer without proper written notice
2 years ago
I am working in a Private company in Chennai, on 29 th april 2021 company manager cal me and told tomorrow (30th April 2021) is your last date in company , then i asked her in the employment letter it is clearly mentioned, if either of the side want to terminate the employment need to give 3 month written notice to other party but she told 3 month before we have given hints , hints is not a notice , all of sudden in the Pandemic you are calling and telling tomorrow is your last date , I asked them for 3 month written notice as per employment agreement or else at least you will inform 1month before after that they told we can't give any notice period , then I said I will go to labour court against this illegal termination, then they came down and agree to give 1 month time(last working days 31 may)orally but didn't give me any written notice , they are holding my April month salary and saying we will process it in full and final settlement, can you please advise what legal remedy available for my salary hold and not providing me 3 month notice period , till now i didn't received any written notice for 1 month also.
Giving 3 months prior notice before termination is a standard practice. Termination notice cannot be orally given, it has to be given in proper format and in writing. They also cannot hold your salary. Initiate legal proceedings if they don't comply to your demands, as your demands are reasonable.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Termination notice cannot be oral. It has to be given in proper format. They cannot withhold your salary. You can ask them to comply otherwise you initiate legal proceedings against them.
Tanmoy Chattopadhyay
Responded 2 years ago
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
in company system it is showing last date ?
everything cant be oral.
company can not hold back second last month salary but can hold only may salary for FNF.
3 months notice is usually basic salary only so check it again. so 1 month full salary or 3 months only basic usually wont make big difference.