Job Notice period Job Notice period

2 years ago

Hi,
My company has a policy of 90 days notice period.
I served 60 days.
My company without letting me know deducted last 30 days salary from my full and final amount.
I know few of my ex colleagues who left and only served 30 days and were not charged a single dime.
Also, my company hr forced me to sign the full and final form saying he will not give me the relieving letter until I fill the full and final form.
Do i have a case here as my company hr and managers are not responding to my email.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Your litigation expenses will be more than your 1 month salary. Further, if you go for litigation then your feed back will be given bad to your new employer. Taking into consideration all these future issues better to compromise on the issue.

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Sidhaarth

Responded 2 years ago

A.Company is not required your permission for deduction of salary of unserved period. since you have not served the notice period of 30 days hence company within its right have rightly deducted salary of unserved notice period. As such you donot have any legal remedy against company. You are bound by service rule.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
The Specific Relief Act says that a Contract of Personal Service cannot be enforced in a Court of Law which means that if an employee quits before the Notice period the Employer can only recover the Notice pay. No Employer can force an Employee to complete the Notice period, it is for the employee to complete the Notice period in order to take his full salary and the relieving letter.
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Anik

Responded 2 years ago

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A.Hi,
Your company can't force you to work until the expiration of the notice period but they can sue you in case company faces any lose consequent to your act. It is for the employee to complete the Notice period in order to take his full salary and the relieving letter.
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