I am working in a software Pvt. Ltd. company. As per the company's offer letter, an employee has to give a 2-month notice period before being relieved, and if the company wants to relieve the employee early, they shall pay 1 month's salary for early relieving. I have resigned now, and the company wants to relieve me immediately but does not want to pay for the 1-month notice period. How much can I legally claim, 1 or 2 months? Whom can I contact for further advice?
From India, Mumbai
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From India, Mumbai
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Hi Mohit, how are you? Look, Mohit, the company has to pay the amount for 2 months because you are right in your part. You have already served the notice period as per the terms and conditions. But if the company wants you to be relieved, it's my advice not to take any steps that could create problems for you in the near future. Kindly collect your experience letter and one-month salary because they relieved you early. Mohit, maybe I'm wrong.
With regards,
Shefali
From India, Delhi
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4With regards,
Shefali
From India, Delhi
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If the company wants to relieve you early, then the employer is liable to give you 2 months' salary as mentioned in the offer letter. Please read the offer letter carefully. If such a clause is not mentioned, then it's your right to receive 2 months' salary. If the employer is not ready to pay you, then you may contact the Labour Officer.
Shefali, if you are right, then no one dares to create problems in your future.
With Regards,
Vineet Deshmukh
From India, Yavatmal
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Shefali, if you are right, then no one dares to create problems in your future.
With Regards,
Vineet Deshmukh
From India, Yavatmal
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Employer's Obligation to Pay Notice Period
Clauses mentioned in your appointment letter will be applicable. Hence, the employer must pay you one month's salary. If they are not ready to pay, you should write them a letter referencing the clauses of your appointment letter. Obtain an acknowledgment of your letter and await your employer's official reply. Do not take any steps in haste.
Regards,
Kamal
From India, Pune
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Clauses mentioned in your appointment letter will be applicable. Hence, the employer must pay you one month's salary. If they are not ready to pay, you should write them a letter referencing the clauses of your appointment letter. Obtain an acknowledgment of your letter and await your employer's official reply. Do not take any steps in haste.
Regards,
Kamal
From India, Pune
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Legal Notice for Breach of Notice Period .docx
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