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Author Topic: Notice Period Payout  (Read 262 times)

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Offline aditigokhale

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Notice Period Payout
« on: September 01, 2016, 05:57:29 AM »
Hello Experts,

I am new to this site and recently run into a bit of trouble with my now former employer.

I was working for XYZ, I joined them on 8th August. I have now accepted the offer from another company and resigned with my previous company. According to a common clause in appointment letter.

"....Similarly, during the Probation Period, should you wish to resign from your services, you will be required to provide a prior written notice of thirty (thirty) days or payment of salary in lieu thereof...."

Now I am happy to serve the notice period, although I had requested for earlier release. Since I work at the client's site, they have confirmed with my co that they dont need me anymore and so my company now feels there is no need for them to have me working with them beyond this date.

Inspite of this, the HR has shoved the clause at my face and confirms that since I am relieved early I would have to payout. Since I had resigned before my salary for August was paid, they have held on to my salary and confirm that I would not get any money, since I am being relieved early and that is what the clause says.

My question is: Isn't the clause meant to be if the employee is unwilling to serve the notice period or not if the employer decides to waive off the notice period. I am only interested in getting paid until the day I worked, not for the notice period of anything.

What sort of legal help can I get?

Thank you
AG

 

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