I would like to have legal opinion for the situation which I am. I was working as Branch manager in a company since 15th April 13. On 2nd Dec 14 9.00 am I mailed my resignation letter to the company that I would like to resign for my services w.e.f 2nd Dec 14 & as per employment contractual terms I serve notice period of 3 months i.e. my last working day will be 1st March 2015. This mail was marked to my reporting manager (GM) with cc to HR. At 6.10 pm in the evening I get mail from my HR saying that as verbally I have requested to my GM to relieve me immediately, the company is accepting my resignation and relieving me with immediate effect.
Next day 3rd Dec 14 on seeing the mail, I strongly wrote back mail to HR refusing & not accepting their mail. I clearly mentioned that as per my resignation mail I have shown my willingness to serve 3 months notice period & in case company wants to relieve me I have no objection but they must then pay salary for 3 months as per employment contract.
Meanwhile my GM has asked me not to come to office and threatened that in case I come they will file FIR against me.
Since 3rd I am not going to office & neither has company responded to my mail reply.
Also as I resigned on 2nd Dec, the company has hold my Nov 14 salary.
I fear that as my company does not want to pay me any salary / compensation they have accepted my resignation with immediate effect without my consent.
I would like to know what should be my course of action and what will be my position if I take legal course.
Can they hold my Nov salary on pretext of Full & Final settlement. I am facing fund shortage as salary was my only source of income.
ALSO DO I HAVE CHANCE OF GETTING MY 3 MONTHS NOTICE PERIOD SALARY.
I REQUEST ALL OF MY FOLLOW READERS TO PLEASE HELP ME.
Next day 3rd Dec 14 on seeing the mail, I strongly wrote back mail to HR refusing & not accepting their mail. I clearly mentioned that as per my resignation mail I have shown my willingness to serve 3 months notice period & in case company wants to relieve me I have no objection but they must then pay salary for 3 months as per employment contract.
Meanwhile my GM has asked me not to come to office and threatened that in case I come they will file FIR against me.
Since 3rd I am not going to office & neither has company responded to my mail reply.
Also as I resigned on 2nd Dec, the company has hold my Nov 14 salary.
I fear that as my company does not want to pay me any salary / compensation they have accepted my resignation with immediate effect without my consent.
I would like to know what should be my course of action and what will be my position if I take legal course.
Can they hold my Nov salary on pretext of Full & Final settlement. I am facing fund shortage as salary was my only source of income.
ALSO DO I HAVE CHANCE OF GETTING MY 3 MONTHS NOTICE PERIOD SALARY.
I REQUEST ALL OF MY FOLLOW READERS TO PLEASE HELP ME.
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kamath ji, Mr. Gopendra Gupta Jee is right as the company will not be entitled to recover the salary amount as the notice was duly given by the employee and accepted by the company. in fact the employee will be entitled to take 3 months salary for the notice period. further employee will be entitled to take all the benefits and the salary for the month for which he has already worked as an employee.
Dec 09
he has mentioned he has asked to be relieved on same day as per the email if that is the case then company is entitled to accept it and might have exercised that right. but since they have not said it clearly that they reserve the right to recover the amount in their acceptance they may not be entitled to receive it. even if it is three months notice company may accept it within that period, for that there may not be any bar.
Dec 08
Dear Mr Kamalnath Ji, We r not legal experts to write in legal language. It can be interpreted in many ways. I have clearly mentioned that I will serve 3 months notice period as per employment contract and my last working day shall be 1st March 15. The matter is very clear
Dec 08
kamath ji company will not be entitled to recover the salary amount as the notice was duly given by the employee and accepted by the company. in fact the employee will be entitled to take 3 months salary for the notice period. further employee will be entitled to take all the benefits and the salary for the month for which he has already worked as an employee.
Dec 08
since you have asked for reliving and your resignation letter you have said that you want to resign with effect from 2nd dec company is right in accepting your resignation and relieving you further company has a right to recover 3 months salary from you in leue of the notice period. in your letter you should have motioned clearly that you are giving a notice of resignation, which is not clear from your statement. hence it appears to me legally/technically your case is weak. and litigation will dragon for years and the cost may not justify your litigation.
Dec 08
