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Indian Law/employer recovered notice period payment after mutually agreed resignation and last working.day

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Question
I have submitted my resignation in my last company on 24th Dec 2012 and asked for relieving date.as 05-jan-2013. However they said, they will releive me on.27th Dec 2012.
Notice period as per the company policy is 2 months.

I have been informed verbally that my salary for the Dec 2012 will be paid as full & final settlement after.3.months. however after 3 months they have recovered large amount as notice pay and.did not pay.me anything and informed that my settlement.as zero.

Can.I take any legal.action against them for not giving me the one month salary?

Answer
Dear Karthikeyan
From your question, I can collect that the company had only informed you orally that they will pay the settlement in full. But legally as the notice period is 2 months and the same was not served by you, the company can adjust the money for your notice period. That is the company's right. Having said that, the company is not at liberty to withhold the entire amount. The amount that they can withhold can only be as per your employment contract, in normal cases salary for 2 months. Hence please consult your employment contract and ensure that the withholding is as per the same. Please understand that I a constrained to give you a limited answer as you have not given me the details of the terms and conditions of your employment contract.

Regards
Advocate Manoj Ambat

Indian Law

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Advocate Manoj Ambat

Expertise

I can answer any questions concerning Indian Law, that may include Criminal, Civil, Matrimonial, family laws, consumer contracts, agreements personal laws including Hindu Laws and banking laws in India. I do not specialize in tax laws. DISCLAIMER: The profile and the answers given above by the expert are in conformity with the guidelines laid out by The Bar Council of India and is not intended as a means of Personal promotion nor as an Advertisement of services provided by this expert as an Advocate. The questions answered herein are free in nature and are in conformity of the legal aid programs of The Bar Council of India. Please also note that the answers given are specific to each question specified by the questioner and details provided by the same which may not reflect on the actual problems faced by the questioner. Hence it is advisable to personally consult a good Advocate/ Lawyer in your locality for solutions to your problems. The expert and this website does not undertake the accuracy of the answers herein given and the questioner's discretion is advised. FOR THE READERS: The answers given herein should not be considered as a general answer and are specific to the questions asked herein.The answers are only just path finders that leads you on the correct answers. It is always advisable to personally consult a lawyer for specific solutions to your problems

Experience

I am an Attorney/Advocate/Lawyer running independent practice having extensive practice in Criminal laws,Civil laws,Family laws,Divorce laws, Guardianship of children and minors,Consumer Laws and rights,Contracts and agreements,Property laws in Kerala,Labour laws,Medical negligence,personal laws including Hindu Laws, Tribal laws and rights and Motor Accident Claims for the past 13 years.

Organizations
Having Independent practice and Senior Partner in Manoj Ambat (Law Firm).Also currently involved in Tribal Rights & Empowerment Movements in the hills of Attapady, Palakkad District, Kerala State giving free legal education and assistance as part of the Akhil Bharathiya Abhibhashaka Parishad legal assistance program along with associates

Publications
My blog (http://manojambat.blogspot.in/) Facebook ( https://www.facebook.com/manoj.ambat) Twitter (http://twitter.com/#!/manojambat)

Education/Credentials
BA.L, LL.B, General Course in Intellectual Property Laws ( WIPO, Geneva)

Past/Present Clients
Individual clients and companies

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