Insolvency N Gst Professional
Consultant In Legal Matters
Hr Manager & Then Not Yet..

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Hi All,
I am in the process to file the complaint against my ex-employer for
1. Not paying me my half month salary (March 12).
2. Not providing relieving and Experience certificate.
While leaving ex-employer I had already served full notice period (1 Month), stll employer was not ready to relieve me because of project work and expecting to stay for another one month. Can anyone send me the format sample complaint that can help me to draft my case in Labor Court?
Please share you experiences, suggestion on the same.
Archana Rane

From India, Mumbai

Member Since: May 2015


I worked in an organisation for 8 months. I got permanent after 6 months of employment.My performance was not good in organisation ,so i got Performance Improvement Plan from employer,I finally gave resignation as i couldn't achieved target,i had communicated to HR that since i don't have job in hand ,i will serve the eligible notice period of 3 months,they agreed but relieved me in a week time after resignation.There was a customer complain against my organisation during my notice period but i was held responsible by citing incomplete information to top management as my boss and super boss don't wanted me to serve the notice period.

As per the offer letter,termination with immediate effect may be made by either party by paying amount equivalent to 90 days of salary in lieu of notice.In event the termination with notice is at the instance of employee ,the organisation at its sole discretion reserves the right to waive off the notice period in full or in part.

As the employer has relieved me before notice period without my consent ,in this case can i claim for notice period.I am not greedy person ,but i feel i am cheated by organisation .

Request to kindly advise .



From India, Jaipur
You could not have been relieved before expiry of notice period or paying you wages in lieu thereof. You can recover the dues from employer. Thanks Sushil
From India, New Delhi
Many small companies just play around with employees to cut costs and violate law in the process.
Their main expectation is that employee will be hard pressed to take action as he would be more involved in looking for alternate employment.
Similarly there are many employees who will play all tricks to leave their organisation, if they secure a better job.
Ethics be damned.
To evade law one can always find short cuts.
No wonder a legal professional always is in demand especially if he is capable.

From India, Pune
MAYANKCHE MAYANKCHE in your case if you have put down your resignation and later managment decideted to waive your notice off then your cannot challange but if your services has been terminated by employer then you can claim your 90 days notice as per the appointment letter clause.
From India, Chandigarh
This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2020 Cite.Co™