Looks like very much unprofessional Organisation.
It is wrong to deduct notice period salary when the employee is willing to serve notice period. But you cannot expect professional ethics from such employer and if you litigate this issue they might go to any extent. As a adage says "Never wrestle with pigs. You both get dirty and the pig likes it". So better try for proper relieving and get rid of as soon as possible.
From India, Madras
After reading the whole scenario, It would be prudent not to drag the situation for long. I would suggest you write a polite email to MD & all the signatories (As per your Clearance form) showing the clearance status, your willingness to serve notice, and requesting FnF settlement. Keep this documentation to be safe in the future.
From India, New Delhi
DIPTI SRIVASTAVA 83It seems like you've been caught in a confusing and potentially unfair situation regarding your notice period, salary, and clearance process. Dealing with such matters can be stressful, but there are steps you can take to address the issue:
Document Everything: It's great that you have a copy of the clearance form and any other relevant communication. These documents will serve as evidence of your interactions and agreements with your employer.
Consult an Employment Lawyer: Given the complexity of your situation and the potential legal implications, it's advisable to consult with an employment lawyer. They can review your case, help you understand your rights, and guide you on the best course of action.
Understand the Notice Period Clause: Review your appointment letter carefully to understand the notice period clause mentioned in it. If it states a notice period of 30 days, that's the clause your employer might rely on. However, given that your clearance form was accepted without requiring notice, there could be grounds for discussion.
Send a Formal Communication: Write a formal email to your employer explaining your situation, emphasizing the accepted clearance form, and requesting clarity on their decision to deduct the salary for notice period and not allow you to serve it. Keep a record of all communication.
Engage in Negotiation: If your employer responds, engage in a constructive dialogue. Express your willingness to serve the notice period but highlight your understanding that you were initially allowed to leave without notice. Try to reach a reasonable resolution.
Lodge a Complaint: If your employer does not respond positively and you believe your rights are being violated, you may consider lodging a formal complaint with appropriate labor authorities or the concerned government department overseeing labor and employment issues in your region. you can lodge complaint online on labor portal
last--File a Legal Case: If all else fails and you believe you've been unfairly treated, you may consider pursuing legal action against your employer. Your employment lawyer will be able to advise you on the strength of your case and the appropriate steps to take.
Remember, employment laws vary from jurisdiction to jurisdiction, so it's important to consult with a lawyer who is familiar with labor laws in your specific region. The key is to act calmly, professionally, and with a focus on resolving the matter in a fair and just manner.
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