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Employment Law/F&F for previous Employer

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Question
Dear Sir,

Please find my attached Appointment letter from my previous Employer.
As i was on probation period over there and i had given resignation and had given notice period of 9 days by mail because my head office and hr is in Delhi and i was at Ahmadabad.
i had given 9 days notice period as per my appointment letter issued to me.

Now at last day of working they send me mail and informed me that they are not ready to leave me until new employee will come and they stuck my salary and F&F.

now after 22 days leaving company they send one letter to my home that i am absence in company from last 22 days advise with writing or we will take legal action against you.

So i request you kindly please advise what to do in such case. Can i file legal notice against company that i need my salary and i had done everything as per rules.

What i have one concern is that if you read my appointment letter then is mentioned that 7 days notice period is required and also mentioned that resignation would become effective only from date of acceptance thereof.

So they are fight with me according to above sentence.
I think it is not right because if employer will not accept my resignation till next 6 months so it is not necessary that i need to work over there..!!

Please advise..!

Kindly advise what to do now..?

Answer
Dear Nirmal,

Hope you're doing fine.

Did they accept your resignation? Do you have a copy of the acceptance? I don't see your appointment letter I guess it wasn't attached properly.

Pls also confirm what's the notice period policy during probation and after confirmation.


Warm regards,

Umesh Chaudhary

Employment Law

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Umesh Chaudhary

Expertise

Any question related to HR processes, legal compliance of labour ONLY in India

Experience

Over 12 years in the field of Human Resources, industrial relations, labour laws and administration

Publications
1. An article published in India Today on sexual harassment, 2. People challenges on How to retain talent http://milagrow.in/k-solutions/newsletters/interview/people-challenges-how-retain-talent 3. Management & Human Resource http://blog.globalbx.com/2009/01/04/management-human-resources/

Education/Credentials
MBA (HR), M.Phil (HR). I hold various accreditation in the area of Human Resources, Industrial Relations and Employment Laws. I strongly feel the more knowledge you share the more you'll get to learn. There is no age to learning therefore I stay abreast with new developments into HR and Labor Laws; I prefer to attend regular seminars, professional gathering, workshops and lectures. I am also associated with All India Management Association, National HRD Network (Delhi Chapter).

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