Salary  hold by employer without proper written  notice 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.

Anik

Responded 2 years ago

View All Answers
A.Hi,
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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Tanmoy Chattopadhyay

Responded 2 years ago

A.You are totally right in your understanding and you are eligible to get both salary as well as 3 month notice period if the agreement states so. Now I do not know if you have accepted the 1 month legal notice as enough in lieu of 3 month notice as required because any term of the contract can be waived by mutual agreement. If so is the case then 1 month will be enough. Still the same has to served on you in writing and in proper manner. You can start by first giving them a stringent legal notice about withholding your salary and warn of them of legal consequences if they do not respect the agreement.

#EmploymentandLabour

#freeLegalAdviceOnEmploymentandLabour
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.so where is resignation now ?
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.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconAlready Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Dear Client, Please go through the terms and conditions of your employer employee contract once again and understand whether your release letter depends on the service company. if it does not then y...
question iconRegarding obc NCL reservation
Dear Client, There is a general reservation of 10% for the children of BSF officers in the BSF itself, but other general reservation quota depends on the institution.
question iconContractual Employer deducting PF
Dear Client, the Industrial Disputes Act of 1947 defines layoff, it excludes employees in management or supervisory positions. The Act also states that an employee must be a 'workman' to be eligible...
question iconPf overlapped and now jobless
Dear Client, Since your employment with the old company is based on contract for two months, you need to fulfill the said period and resign from the company by following the exit procedure. In case of...
question iconEmployment advice
Dear Client, A manager cannot initiate the resignation process on behalf of the employee without the employee's consent. It is considered as a unethical practical and can have legal implications. You...