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Indian Law/Notice Period Recovery



I am working with an IT company in Pune. I resigned from the company on 1st Nov 2012 and asked for reliveing on 30th november.
I was not billed under any project when I resgined and was on bench. The notice period is 2 months. But because I was on bench, I asked for relieving in 1 month and got the confirmation on the same from the HR.
The mail said "As communicated by your manager, you will be relieved from the services on 30th November 2012." There was no comuunication on notice period recovery.

For this one month, I did KT in a week and then I come to office, and go back doing nothing.

Now just before the reliveing date, they have sent me the Full and final calculation in which I will not get any salary for this month served, and additionaly I will have to pay them some big amount.

I want to know, if an employee is not billed under any project and no work is left undone from the employee, and the relieving date is confirmed by the manager and hr in the beginning, still the employee is liable to pay any notice period dues to the company?
Why pay penalty to the company inspite of not having any work.

It would be very kind of you, if you could tell me how can I act in this situation as my financial situation does not permit to give any money to the company.
Whatever action has to be taken, it has to be today.

Thanks in anticipation

You shall have to comply with the termination clause contained in the contract irrespective of the fact whether any work was allotted to you or not.Similarly,even if no work was allotted to you and you were asked to sit idle, your employer was legally bound to pay you for the said period.However,in case of any shortage in notice period, please request your Management to adjust it against your outstanding dues,if any.Since they have accepted your resignation, there is no problem for you to leave the Company now.
In view of the above nothing to worry about.Please take apprpriate action by consulting a service lawyer.Please show all relevant documents to him.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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