Filing a Labor Court Complaint Against My Ex-Employer: Need Help with Sample Format and Advice

I am in the process of filing a complaint against my ex-employer for the following reasons:
1. Not paying me my half-month salary (March 12).
2. Not providing a relieving and experience certificate.

When leaving my ex-employer, I had already served the full notice period of one month. However, the employer was not ready to relieve me due to ongoing project work and was expecting me to stay for another month. Can anyone provide me with a sample format for the complaint that can help me draft my case in the Labor Court? Please share your experiences and suggestions on the same.

Thanks,
Archana Rane

Notice Period and Termination Concerns

I worked in an organization for 8 months and became a permanent employee after 6 months. Unfortunately, my performance was not satisfactory, leading to a Performance Improvement Plan from my employer. Eventually, I resigned as I couldn't meet the targets. I informed HR that I would serve the eligible notice period of 3 months since I didn't have another job lined up. They agreed, but I was relieved within a week after resigning. During my notice period, there was a customer complaint against the organization, and I was held responsible for providing incomplete information to top management. My boss and super boss did not want me to serve the notice period.

As per the offer letter, termination with immediate effect can be made by either party by paying an amount equivalent to 90 days of salary in lieu of notice. If the termination with notice is initiated by the employee, the organization reserves the right to waive the notice period in full or in part at its sole discretion.

Since the employer relieved me before the notice period without my consent, can I claim for the notice period? I am not a greedy person, but I feel cheated by the organization.

Request to kindly advise.

Regards,
Mayank

You could not have been relieved before the expiry of the notice period or without paying your wages in lieu thereof. You can recover the dues from the employer.

Thanks,
Sushil

In your case, if you have submitted your resignation and later management decides to waive your notice period, then you cannot challenge it. However, if your services have been terminated by the employer, you can claim your 90 days' notice as per the appointment letter clause.