Resigned without serving notice period Resigned without serving notice period

1 month ago

I've resigned 1.5months back without serving notice period with approved by higher authority but my salary was kept on hold due to some personal vengeance reason by my higher authority

Anik

Responded 4 weeks ago

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A.Dear Client,

In the situation described, if your resignation was accepted by a higher authority, waiving the notice period, any personal vendetta from another authority cannot justify withholding your salary for the days worked. To address this issue, you have two options:

1. File an application under Section 33C(2) of the Industrial Disputes (ID) Act before the relevant Labour Court to recover the dues owed to you by the company upon resignation.

2. If you hold a managerial or administrative position within the company, you may need to file a civil suit against the company to recover your dues.

These actions can help you pursue rightful compensation for the work you have performed.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
Non-compliance with the notice period required for tendering resignation by an employee in terms of employment makes the employee either face legal consequences or pay damages for a breach. But when your resignation was accepted by the higher authority waiving your notice period, the personal vengeance of any authority cannot be a valid ground or reason to withhold your salary for the days you worked for the Company. In the given situation, file an application under Sec.33C(2) of the I D Act before the concerned Labour Court for recovery of dues receivable from the Company on resignation. Otherwise, if you are holding a position of Manager or Administrator in the Company then you have to file a civil suit against the Company for recovery of your dues.
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Vidhi Samaadhaan Vidhi Samaadhaan

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