Employment law Employment law

8 months ago

I want to quit my job, I informed my employer about resignation, but as I have signed the contract they want me to pay three months salary.\nMoreover I have not received any salary till as one month is not completed.\nWhat I can do

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
If your contract of employment stipulates for service of 3 months notice period or pay in lieu of said notice period then you have to abide by the said terms of employment or else you have to pay back 3 months salary to your employer for breach of said condition. You may not get any relief in the matter even through litigation.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 8 months ago

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A.Dear client,

When considering resigning from your job, it's important to be aware of the terms mentioned in your employment contract. Some contracts include clauses related to notice periods and financial penalties for early termination. If your contract stipulates a notice period, you may need to serve that period before resigning. Similarly, if there's a provision for a financial penalty, such as three months' salary, your employer may expect you to pay this amount upon resignation.

However, it's crucial to assess whether these contract clauses are legally valid and enforceable. Employment contracts must comply with labor laws and regulations in your country or region. If any clause violates labor laws, it may not be binding.

Moreover, the fact that you haven't received any salary for the work you've completed raises serious concerns. Your employer is obligated to pay your salary as agreed upon, and non-payment can be a violation of labor laws.

To address the situation, start by reviewing your employment contract to understand your rights and obligations. Engage in open communication with your employer, expressing your concerns about the contract terms and the non-payment of salary. Seek legal advice from an employment lawyer to ensure your rights are protected and to understand the legal implications of the situation.

If your employer insists on the penalty or doesn't address the salary non-payment issue, consider filing a complaint with the labor authorities or relevant government agency. This can help resolve the matter and ensure fair treatment in accordance with labor laws.
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