Salary of fully worked month held by Boss after resigning.
4 months ago
Ileft my company because my boss ill treated me and i left on the last day of november month without taking my salary and now my boss is forcing me to serve the notice or else he's saying that he will not give me my november month salary. I clearly told him that I don't want to serve the notice what should i do now to get my salary back.
My Letter Of Appointment had this point regarding the notice period-
• During the training period, your service can be terminated with a 15 days notice by either side(“you” or the “Company”). After confirmation, your services are terminable on either side, with 45 days' written notice, or basic salary in lieu of notice except for dismissal, discharge or termination for misconduct when you will not be entitled to any such notice or salary thereof.
A.Dear Client,
It's essential to communicate clearly with your former employer. Remind them of the terms in your Letter of Appointment, stating that notice is not required in cases of resignation and that termination without notice should be compensated with the basic salary. Also, as per Section 27 of the Indian Contract Act, 1872, mandates that any provisions in an agreement forcing an employee to serve an employer or imposing restrictions on joining competitors or other employers are deemed invalid. According to this section, employees have the right to resign from employment, even if they initially agreed to a specific period of service mentioned in an employment bond.
It's essential to communicate clearly with your former employer. Remind them of the terms in your Letter of Appointment, stating that notice is not required in cases of resignation and that termination without notice should be compensated with the basic salary. Also, as per Section 27 of the Indian Contract Act, 1872, mandates that any provisions in an agreement forcing an employee to serve an employer or imposing restrictions on joining competitors or other employers are deemed invalid. According to this section, employees have the right to resign from employment, even if they initially agreed to a specific period of service mentioned in an employment bond.
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A.Dear Client,
Your terms of employment typically define the notice period for termination from either side as applicable in two stages, i.e, during the probation or training period and on confirmation after probation. When 15 days of notice is required during the period, 45 days of notice is required after confirmation or basic salary in lieu of notice. So, as per the terms of employment, if you don't want to serve the notice period, your employer can adjust the salary in lieu of the notice period. As per the mandate of Section 27 of the Indian Contract Act,1872, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed to the employment bond to serve the employer for a specific period of time. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. Further, Section 73 of the Act makes provision for unliquidated damages (not stipulated in a contract), Section 74 deals with liquidated damages (stipulated in a contract) and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party employer who normally does not involve themselves in litigation. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a counter legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer over alleged unfair labour practice to resolve the grievance. Otherwise, you need to file a civil suit seeking appropriate relief in the matter.
Your terms of employment typically define the notice period for termination from either side as applicable in two stages, i.e, during the probation or training period and on confirmation after probation. When 15 days of notice is required during the period, 45 days of notice is required after confirmation or basic salary in lieu of notice. So, as per the terms of employment, if you don't want to serve the notice period, your employer can adjust the salary in lieu of the notice period. As per the mandate of Section 27 of the Indian Contract Act,1872, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed to the employment bond to serve the employer for a specific period of time. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. Further, Section 73 of the Act makes provision for unliquidated damages (not stipulated in a contract), Section 74 deals with liquidated damages (stipulated in a contract) and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party employer who normally does not involve themselves in litigation. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a counter legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer over alleged unfair labour practice to resolve the grievance. Otherwise, you need to file a civil suit seeking appropriate relief in the matter.
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