Legal Question in Employment Law in India

I work with an Indian sister concern of an MNC and report directly to CEO. I have sent a resignation email from my official ID on 2 May 2016 as the organization did not have suitable ROLE for me within the organization. The organization including CEO & HR did not reply for over 2 months.

Later I was offered an opportunity by the Europe Head Quarters to work on a different project in India with same position, company and payroll, but the Indian HR Head did not release me saying, that they cannot release me till 31st October 2016.

They also communicated to Europe HQ that I shall no be suitable for the project as I have behavior issue. In that case I asked them to release me immediately. I was communicated that I can be relieved on 30th September 2016.

Today on my last working day, when I went ask my date for full and final settlement I am told that I have to pay the penalty as per notice period date my last working day is 20th November 2016 and therefore I am liable to pay a penalty of 1.5 lakh.

I wasn't communicated earlier, I had no issue serving till November but when Europe opportunity came they said 31st Oct, later also added that I have behavior issue. I am sure from 2 May 2016, if I calculate my days, I have already served my notice period.

I need how can I take legal help.

Asked on 9/30/16, 4:56 am

1 Answer from Attorneys

Rajiv Gupta +91 9811284735 KarVai Legal Solutions

Your version sounds logical and you may approach the lawyer and send a legal notice regarding the dispute and mentioning the already served notice period .

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Answered on 10/03/16, 4:18 am

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