Legal Question in Employment Law in India

Hello

I was working for a MNC in Hyderabad and have resigned from the services on 23rd April 2010. The total duration was around 5 months. I was relieved on the same day and was told the full and final settlement in 2 weeks. The Company took around 5-6 weeks for F&F settlement with details. In the F&F Settlement, the company has not mentioned anything on notice period and have paid me salary of 23 days in April.

My Query is; Am I eligible for the Notice Period Pay? If yes, how best I should approach. I am ready to share the documents if you require them to get right meaning of the words.

Probation T & C

There is a six month probation term which can be extended at the discretion of the Company if it is found that your work is unsatisfactory. During the probation and extended probation periods, the Company may at its discretion terminate or extend your probation further.

T&C in the Offer Letter for Notice Period:

Notice period is one month. In the event of employee leaving without serving notice period, the company can recover amounts from the employee (to the extent of shortfall in notice period). In the event of the company terminating without any notice, employee will be paid amounts equivalent to the notice period. It is at the company�s sole discretion whether or not the employee will be required to work the notice period.

My Resignation Mail:

Pls consider this mail as formal resignation and relieve me from services as per the company norms.

Regards

Amit


Asked on 6/09/10, 7:29 pm

1 Answer from Attorneys

Adv.Sunita Lad Mayank Industrial Services

Since you have resigned of your own and the company has not terminated your services, the company is not liable to pay you any notice pay.

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Answered on 6/10/10, 1:35 am


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