Is It Legal for My Company to Withhold Notice Period Pay During a Crisis?

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

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

Consult an Advocate Well-Versed in HR & Labour Laws:
Familiarize yourself with the labor laws in your jurisdiction. Labor 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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