Labour Law & Hr Consultant
Sr.manager - Hr&admin

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I was working in an Indian IT company. Notice period is 3 months here for DM post.
I have given resignation form my post Deputy Manager, They have accepted my resignation 15 Day Later.
After services of 1 month.
They give me two options.
1. Take one month full salary and rest two months salary will be basic only.
2. Otherwise We are terminating you.
I said please give me full salary for my notice periods (3 months) . I can not accept your offer
They said We will terminate you. I said terminate me. HR have send me a termination mail.
They have recorded these all in their cell phone. Please suggest what I should do?

From India, Noida
You can raise a dispute before labour officer of your area for violation of notice period clause and ask for remedy.
From India, New Delhi
Please check your employment order for separation clause.
Did you asked them to terminate you in writing. Your post is not clear.
If not then you can file a case. Hope you have handed over company belongings issued to you at the time of joining. Else Company turn the case differently.

From India, Madras
Dear Jogandra,
With the designation and the predominant responsibilities attached to the position of your job, I think you are not a " workman" under the ID Act,1947. Therefore, the remedy for the problem can be from the terms of your contract of employment only.
But, unfortunately your post seems a bit confusing to me. The cause of action for the termination arises from your resignation. In that case that you have to give three months notice before the effective date of resignation or pay the salary in lieu thereof. If you have exercised the option of actually serving the entire notice period which was not acceptable to the employer and he wanted to modify your offer by relieving you earlier, then the employer has to pay notice salary to you. When you refused it, how can the employer simply terminate you without any other valid reason?

From India, Salem
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