At the time of joining, my notice period is 1 month. After a year, the employer sent an email regarding an amendment to the notice period, making it 2 months. When I refused to accept the new notice period, the employer withheld my salary. Can an employer have the right to hold salary, and what legal actions can I take against the employer?
From India, Delhi
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From India, Delhi
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Legal Consequences of Not Serving Notice Period
The following are the legal consequences:
1. You will not receive an experience certificate.
2. You will not receive a relieving letter.
3. In case of a background check/verification, they will provide negative feedback.
Notice Period and Resignation
1. There is no way that the company can force you to serve the full notice period.
2. The clause in the employment agreement usually states "ninety days' written notice or three (3) months' gross salary in lieu thereof." Therefore, if you are willing to pay, the company should not raise any objections.
3. Submit your resignation, serving your preferred days of notice, and be prepared to return all company properties or assets that are in your care and custody at the end of this period.
4. If the company refuses to accept your resignation in person or writing, send it to the company via email at the same time. The company should be ready to adjust the leave against the notice period if you have earned leaves accumulated.
5. Where there is a rule, there is a punishment for the breach of the law. You can breach the contract by paying the damages to the management. However, the management has no right to retain you even after payment of the damages as per the agreement. Thereafter, you should issue a written notice to the management, communicating further developments and requesting your relieving letter.
6. If the new employer has no problems with you not getting a relieving letter or experience letter, then you may just join the new employer after the required days of notice in the current company. The company cannot act against you in law.
7. If your employer is intentionally delaying the issuance of a relieving letter, you can approach the labor court or tribunal by issuing a lawyer's notice to the management, HR, and reporting manager.
8. In extreme cases, you may also consider moving the High Court under Article 226 read with Article 14.
From India, Bengaluru
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The following are the legal consequences:
1. You will not receive an experience certificate.
2. You will not receive a relieving letter.
3. In case of a background check/verification, they will provide negative feedback.
Notice Period and Resignation
1. There is no way that the company can force you to serve the full notice period.
2. The clause in the employment agreement usually states "ninety days' written notice or three (3) months' gross salary in lieu thereof." Therefore, if you are willing to pay, the company should not raise any objections.
3. Submit your resignation, serving your preferred days of notice, and be prepared to return all company properties or assets that are in your care and custody at the end of this period.
4. If the company refuses to accept your resignation in person or writing, send it to the company via email at the same time. The company should be ready to adjust the leave against the notice period if you have earned leaves accumulated.
5. Where there is a rule, there is a punishment for the breach of the law. You can breach the contract by paying the damages to the management. However, the management has no right to retain you even after payment of the damages as per the agreement. Thereafter, you should issue a written notice to the management, communicating further developments and requesting your relieving letter.
6. If the new employer has no problems with you not getting a relieving letter or experience letter, then you may just join the new employer after the required days of notice in the current company. The company cannot act against you in law.
7. If your employer is intentionally delaying the issuance of a relieving letter, you can approach the labor court or tribunal by issuing a lawyer's notice to the management, HR, and reporting manager.
8. In extreme cases, you may also consider moving the High Court under Article 226 read with Article 14.
From India, Bengaluru
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Dear Friend,
Did you raise any objection when the notice period was revised by your employer immediately after you received the information in writing? What is your designation? Mr. Naveen Singh has already shared the available remedies. Furthermore, you have not shared the contents of your appointment order for us to advise you appropriately.
Warm Regards,
Bharat Gera
HR Consultant
9322404765
From India, Thane
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226Did you raise any objection when the notice period was revised by your employer immediately after you received the information in writing? What is your designation? Mr. Naveen Singh has already shared the available remedies. Furthermore, you have not shared the contents of your appointment order for us to advise you appropriately.
Warm Regards,
Bharat Gera
HR Consultant
9322404765
From India, Thane
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Legal Notice for Breach of Notice Period .docx
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