Legal Implications of Non-Payment for Notice Period: Resignation and Final Settlement Concerns

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Hi, I've resigned on November 2nd and my company is saying they don't pay 3 months notice period salary and before month also. They are saying they will pay 4 months salary as final settlement. Company is in crisis and not relieving me. So, it is legal to it?
raghunath_bv
Hi,

It's crucial to consult with a legal professional or a labor law expert to get advice tailored to your situation and jurisdiction. However, I can provide some general information.

In many segments laws require both employers and employees to adhere to the terms specified in the employment contract. If your employment contract stipulates a notice period, typically both parties are expected to honor it. However, in certain circumstances, companies may have policies or legal provisions that allow them to pay in lieu of notice or provide an alternative arrangement.

If your company is facing financial difficulties, it might impact their ability to pay the notice period salary. In some cases, companies may negotiate with employees to find a mutually agreeable solution, or they may follow legal procedures for settlement.

Here are some steps you might consider:

Review Your Employment Contract:
Check your employment contract to understand the terms regarding notice period, termination, and any conditions related to payment.

Consult Advocate well versed in HR & Labour laws
Familiarize yourself with the labour laws in your jurisdiction. Laobur laws can vary significantly from one place to another, and they often provide guidelines for notice periods and final settlements.

Seek Legal Advice:
If you are unsure about the legality of the situation, consider consulting with a labor law attorney or employment lawyer who can provide advice based on the specifics of your case

Communicate with Your Employer:
Try to have an open and honest conversation with your employer about the situation. Understand their perspective and discuss any concerns you may have.

Document Everything:
Keep a record of all communications with your employer regarding your resignation, notice period, and any discussions about settlement. This documentation may be useful if you need to escalate the matter.

Ultimately, the specifics of your case will depend on the terms of your employment contract. It's crucial to seek professional legal advice to ensure that your rights are protected.

Thanks,
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