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If during the said period your payment is 18000 or below then only you are covered under payment of wages act also you must not be in managerial position. Holding this true they cannot deduct wages. But if you are not covered here then you are not protected and your contract with the company that you signed will be the bible.
The second part is shops and establishment act, it will save you if you are not in managerial position, then also they cannot deduct wages. But in both the cases they can sue you for breach of contract in a civil court and get what they paid you.
7th March 2017 From India, Kolkata
I do not find any illegality in this. May be other Learned members can put light on it.
8th March 2017 From India, Kolkata
#AnonymousI agree with Ritesh.
If the management can relieve you earlier, you should not be having any issue. The management will insists on three months notice in case you are handling some mission critical assignment or if they have some grudge on you and they want to deprive you of some good job opportunities.
I personally feel that you should accept the relieving letter alongwith your full and final dues and live the company gracefully rather than carrying any bitter thoughts.
Wish you all the best for your future journey.
8th March 2017 From India, Mumbai
9th March 2017 From India, undefined
#AnonymousI have been above expectations performer from last 2 years and then company suddenly demands to work at client site with a travel time of 5 hours for which am medically restrained. I had knee operation done earlier so I was told not to travel much by doctor. I explained this to company stating that I am physically not capable of over travelling but they convinced that it is only 2 hours which actually was 5 hours.
Still I attempted to do that resulting the re-emerging of my problem and finally I am on bed rest for a month.
Even though the medical certficates, mri reports are being submitted company gave me a choice either to get relieved earlier or travel for 5-6 hours if I want to serve for notice period. If I dont go then I will be released earlier without notice pay.
Discretion of management shouldnt follow some clauses or grounds prior deciding whether this has to be in favour or against the employee.
In my previous 4 companies discretion od managment had clauses excluding medical reasons.
16th March 2017 From India, Mumbai
You may submit all your medical documents with a forwarding letter under acknowledgment requesting the management to look into the issue provided that your medical document clearly states that you are unable to travel for more than .... hours daily.
Now coming to the option given by company that you will be "released earlier without notice pay", it is like ask to leave and no such clause exist under any law. A company asking someone to leave/ resign amounts to termination for which you can raise dispute before the court of law.
At this stage you may give your best to negotiate/ settle the matter amicably. If it does not go well, you may think of going legally.
17th March 2017 From India, Kolkata