Confused About Notice Period and Salary Deduction: Can I Take Legal Action Against My Company?

I joined an IT company and resigned from that company by serving a one-month notice within one month after joining. As I was on the bench, no project was allocated to me. According to the rules, I had to serve a one-month notice or pay one month's salary. Another condition was that the company could release me at any time, even if I was willing to serve the notice period. In this case, the company wouldn't pay me anything as they were relieving me early (i.e., before one month).

What happened in my case was I had a discussion with my manager. He informed me that since I was on the bench and not billable, he could release me within 15 days and waive off the remaining 15 days of the notice period. However, after a few days, he mentioned that the company would deduct 15 days' salary because they were relieving me early. Despite my repeated inquiries, he insisted that the decision would be made by HR, not him. I then approached my HR contact, who also stated that the matter was out of their hands and advised me to consult my manager. Ultimately, I left the company without any resolution. Consequently, the company withheld my 15 days' salary, even though I had given sufficient notice, as the manager did not provide clear guidance.

Could someone please guide me on what steps I can take to pursue legal action against them? Your prompt advice would be greatly appreciated.

Thank you,
Raj

Dear Yedhula is correct. Please go in that line or give them a pre-legal notice by sending a detailed email to the HR Head with a copy marked to the CEO.

With Regards,

V. Sounder Rajan

Hi all,

Thanks to both of you for your prompt responses. I am very grateful if you can assist me in understanding how I can send a lawyer's notice and how much it will cost. I am in Bangalore. My friend mentioned that there are many sites that take up such cases and help people. Is there a website for such cases that will assist people?

An early response would be beneficial to me.

Thanks,
Sudheer Raja

Dear,

Before going for a legal pursuit, try out the option of sending a personal letter narrating the points and impressing upon them as to why you need the money, which is on a principle basis. Suppose they don't accede, then try out the legal method.

With Regards,

V. Sounder Rajan

Hello all,

I was working in a pharma company, and after three months, I resigned from there due to some issues with my boss's behavior. Now, I have not received my one-month salary. Despite numerous attempts to communicate with my HR department and Head Office, they have informed me that my manager must authorize the stoppage of my salary and final settlement. However, my boss is refusing to proceed with my final settlement and relieving letter. Please suggest what legal actions I should take.

Waiting for your favorable response at nneetukashyap@gmail.com.

At the company where I work, they took two blank cheques with my signature, but they have not provided any received copy or appointment letter. After leaving the job, they have not returned my two blank cheques and are pressuring me to pay the money if I want my cheques back. What steps should I take and which laws should I refer to?

I think there is nothing much that you can do. You left the company before the completion of your probation period. In fact, you left the company within one month of your joining. In this case, considering the cost that they might have incurred to hire you, the company should not pay you anything. Moreover, you do not have any written proof of whatever has been told to you. In court, the company can say that they are paying you for the days that you have worked or attended the office. That's it.

Have you done your exit formalities? In this regard, what is mentioned in the employee handbook? I think the company would like to close this case as if you had never joined. All the best to you.

Dear Ranjan,

I am facing an issue at the company where I work. They have taken two blank cheques with my signature, but they have not provided any receipt or appointment letter. After leaving the job, they have not returned my two blank cheques and are pressuring me to pay the money if I want them back. What steps should I take, and which laws should I follow?

If no money is due, send a stop payment for the cheques. After that, send a legal notice.

With Regards,

V. Sounder Rajan

E-mail: rajanassociates@eth.net, rajanassociateslawfirm@gmail.com