Dear sir, I was work with one pvt.ltd. company where I was appointed three months back. At the time of my appointment I was given only offer letter. Then after I had work for 3 months but during this three months company had not given me any appointment letter so due to insecurity of job I had leave that job. Now the question is that the company had not given me in writing that I have to give notice period before leaving the job. But when I had callup to company's HR they told me that I have to pay 2 mnths salary as a notice period however I have nothing in writing but they are doing this because I had claim for some amount of settlement. Please guide me about the indian labour law regarding Notice period so that i can fight with company for my dues.Thanks Prashant Soni
21st July 2010 From India, Ahmadabad
Dear Sir,
Thank you very much for your reply.
The Industry where i was working was in Vadodara of Gujarat State. However that was manufacturer of GRE Pipes and Fittings.
Kindly let me know how can I claim for my full and final amount as company's chairman is not agree to pay because not given any notice period by me.
Kindly let me know what is the law tells in this regards.
Thanks
Prashant
22nd July 2010 From India, Ahmadabad
Dear Prashant,
Normally offer lette does not species the terms and conditions of resignation/notice perid. It is only an intent prior to appointment letter. If there is no clause mentioned in your offer letter, you need not to pay any notice as you will still be treated on probation & you can immediately quit and are entitled to your full dues.
Regards,
Baba Naresh
23rd July 2010 From India, Delhi
This is the situation most of us has faced. even one is conscious of money . if you have not received the appointment letter for 3 months you have taken as insecurity of job . I believe in three months you have received your salary for two months. Have you asked why they not giving you appointment letter ? some time the employer issues appointment letter even after 6 months to check if the employee is worthy or not.
If you have not received any appointment letter you can quit job and do not have to pay any thing to the employer. If the company takes any legal action , you can simply tell you are a freelancer and have been working as freelancer so you received those payment for your freelancing activity and not salary.
The amount that you are supposed to get from the employer , I suggest you better forget it , the company will never pay you and you cannot even get it as even the employer will show you as you never worked on payroll as you are not having any appointment letter.
I equally support the employer as they spend on employee ( in terms of training , admin facility , electricity, security, etc) which is more then your one month salary. For your resignation the employer is also going to face the problem.
Better join another job and do not accept any registered parcel from your current employer .
Best of luck
23rd July 2010 From India, Mumbai
Dear prashant,
Don't your think you became impatient. if you can wait you 3 month why not for just 3 months more. You must have asked for it at the time of joining or within 5-6days of joining. After 3 months you wake up.
Anyways, You can prove your employment with the company by any I-card, Employee attendance register detail, salary check, or any bonafide letter given to you signed by authorised signatory of company.
23rd July 2010 From India, Delhi
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