Umakanthan53
Labour Law & Hr Consultant

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Hi... I have been asked either to resign or to take the termination letter and subsequent to which I resigned from the company on 28th Sep, 2019 with immediate effect. Afterwards, got an email from the company that my notice period has been waived off and salary for the last month got credited to my account. Further when I asked the company to pay my allowances and other expenses, they started avoiding my emails. After few days, I got a letter from the company that the management has reviewed it's decision on my notice period and now I have to pay them amount equivalent to 2 month's notice period. Is this maintainable?
Regards
MG

The post is silent about the cadre of the position held by the poster i.e a workman or a supervisor with a monthly salary exceeding Rs.10,000/= or a manager.
Whatever it be, the stand of the management revising the earlier waiver of notice period as well as the present demand for payment of notice salary after the resignation acted upon with the earlier concurrence of the management is totally illegal and hence untenable. Better the poster sends a suitable reply to the letter on this ground.
In addition, he may resort to recover the amounts due to him as follows:
(a) If he was a workman or supervisor or a manager with a monthly salary not exceeding Rs.24000/= he can file a claim u/s 15 of the Payment of Wages Act,1936 OR (b) If he was a workman notwithstanding the amount of his monthly salary or a supervisor with a monthly salary not exceeding Rs.10000/= , he can file a petition u/s 33-C(2) of the Industrial Disputes Act,1947 before the Labor Court for the area OR
(c) If he was a manager with a monthly salary exceeding Rs.24000/=, he may institute a Civil Suit for the recovery of the amounts pending due.

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