Legal Question in Employment Law in India

Re: Notice Period for Resigning

It is very regrettable that your employer is not keeping his word. Please go through the contract once again, and confirm that what they say is not that you will get 3 months notice if *they* fire you, and you will get only one month notice if *you* want to resign.

Point out the contract terms to the employer, and if they do not relent, give them a letter of protest while accepting the amount offered, and later, go for litigation. I known that is not not palatable, but it appears to be the only option available to you.

Re: Notice Period for Resigning

Can you email me the termination clause in the relevant documents and your resignation letter. Your current Employer could be in trouble if they take work from you for the next three months, do not pay salary to you and do not pay the PF amounts due to the Government. But first let me have a copy of the things I need and try to get out with the amounts paid to you with "accepted with protest and without giving up my legal rights" when they relieve you and make the final settlement of accounts. You need to consider if the future employer will refer to this employer for employing you and thinking of you as a worrisome employee before you take these steps. You could at your option after leaving this employer 1. make complaints with PF authorities for amounts due and 2 also go to the labour court.

Best,

N. Ramaswami