Releaving not as per my employment Contract
7 months ago
I have resigned and company not reply my mail on phone call they told you will be releave as per notice period of 90 days but in employment contract there is pay off option also available.
A.Dear Client,
If the contract of employment bears a clause of pay-off or buy-out option in lieu of serving the required notice period, then you can ask the Company for an early release referring to the said option of the contract of employment. In case they deny your request then on cessation of your employment on the expiry of the notice period, after serving a legal notice to the Company, you need to file a complaint against the Company for the alleged unfair trade practice before the concerned Labour Commissioner for redressal of your grievance provided you are not holding a position of Manager/Supervisor in the company, but a workman as defined u/s.2(s) of the Industrial Dispute Act. You can also file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming F & F settlement dues from your employer. Otherwise, you have to file a civil suit against the company for appropriate relief and recovery of your dues from the Company.
If the contract of employment bears a clause of pay-off or buy-out option in lieu of serving the required notice period, then you can ask the Company for an early release referring to the said option of the contract of employment. In case they deny your request then on cessation of your employment on the expiry of the notice period, after serving a legal notice to the Company, you need to file a complaint against the Company for the alleged unfair trade practice before the concerned Labour Commissioner for redressal of your grievance provided you are not holding a position of Manager/Supervisor in the company, but a workman as defined u/s.2(s) of the Industrial Dispute Act. You can also file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming F & F settlement dues from your employer. Otherwise, you have to file a civil suit against the company for appropriate relief and recovery of your dues from the Company.
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