Notice Period Issues [Thread 523858] - CiteHR
Sushilkluthra@gmail.com
Consultant In Legal Matters

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Hi, I resigned from my company and the notice period is 90 days as written in the service agreement. I asked the company to let me continue for 30 days and after that let me buyout the remaining 60 days of employment as the other company was ready to give the buyback money for this. This request was turned down by my company as they mentioned they had just accepted a new project by pitching me as lead for it and they mailed me that I had to serve the complete 90 days. I informed the other company that I will be joining after 90 days only based on the letter from my company. After 30 days of my resignation, my company is now trying to let go of me as the project they had accepted has not been started. I told them that I would be serving the notice period for whole 90 days as I had informed the other company that I could join only after 90 days. My company is now not letting me stay for the remainder of 60 days of my notice period and they are also not ready to pay me salary for 60 days for sending me away earlier than the notice period duration. Please suggest me the steps or any law I can refer to so that they pay me my dues.
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As per the Apex court decision in Math Keswar Prasad v IFFCO, an employee cannot be relieved due to resignation by advancing to an earlier date unless the terms and conditions permit him to do. Pl ask employer to pay you salary for the earlier advanced days of relieving. The remedy lies by complaining before inspector under the Shops and Establishment Act.
Thanks
Sushil
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