I need help
8 months ago
I joined company in 15k salary and food& accomodation. After 1 year they stop the food and accommodation in give me increment, but increament of my salary exact equal to my food and staying cost. So I decided to leave the job I talk with my manager I explained them I can't continue job because I am not able to find good paying guest service and I can not work under performance pressure. So Manager told me okay. Talk with HR Manager for further details. So the next day I message hr about leaving the company so I want 5o leave the job tell me when you will be at office so I can word face to face. But she said she was not able to come at office due to eye flue talk here I will answer in WhatsApp message. So I explained my condition and request to leave. Then HR Manager told me via message okay you can leave , will give you all the documents on mail and salary on next month. So I left the job and city next day early morning. At the mid noon HR Manager called me and tald me like have you reached home I said no I'm at City near my Village, and then she told me they will give me documents but they will not give me salary of my working days because I didn't serve the notice period. But I told them you already confirmed with me that's why I left. Then she was like sorry I am on bad so I might miss commit. After that she deleted the message she wrote on WhatsApp but I have the screenshot. What to do in this case will I get the salary? Please advise me.
Before leaving a company you need to go through the terms and conditions of service you got through the offer letter at the time of joining that governs your relationship between an employee and employer. Any verbal or text message contrary to the terms of the offer letter is of no use for lack of evidentiary value. If your offer letter stipulates that for tendering resignation, you have to serve a notice period, then you need to abide by the said condition of employment. So for breach of said condition, the employer can withhold your relieving letter including settlement dues, and even they can take legal action against you for recovery of damage caused for breach of contract which may put a stigma in your service career and may be a cause of rejection of selection or further employment elsewhere on Back Ground Verification(BGV) process of the employee. So considering the pros and cons of the matter, you need to decide your future course of action.
As the HR confirmed and approved your resignation, she cannot go back on her word. You can file a civil suit under the Civil Procedure Code. Typically, you are required to send a legal notice demanding payment of dues to the employer. If the employer refuses or fails to do so the you can initiate legal proceedings against the company.
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