Resigned without serving notice period
1 month ago
I've resigned 1.5months back without serving notice period with approved by higher authority but my salary was kept on hold due to some personal vengeance reason by my higher authority
A.Dear Client,
In the situation described, if your resignation was accepted by a higher authority, waiving the notice period, any personal vendetta from another authority cannot justify withholding your salary for the days worked. To address this issue, you have two options:
1. File an application under Section 33C(2) of the Industrial Disputes (ID) Act before the relevant Labour Court to recover the dues owed to you by the company upon resignation.
2. If you hold a managerial or administrative position within the company, you may need to file a civil suit against the company to recover your dues.
These actions can help you pursue rightful compensation for the work you have performed.
In the situation described, if your resignation was accepted by a higher authority, waiving the notice period, any personal vendetta from another authority cannot justify withholding your salary for the days worked. To address this issue, you have two options:
1. File an application under Section 33C(2) of the Industrial Disputes (ID) Act before the relevant Labour Court to recover the dues owed to you by the company upon resignation.
2. If you hold a managerial or administrative position within the company, you may need to file a civil suit against the company to recover your dues.
These actions can help you pursue rightful compensation for the work you have performed.
Helpful
Helpful
Share
A.Dear Client,
Non-compliance with the notice period required for tendering resignation by an employee in terms of employment makes the employee either face legal consequences or pay damages for a breach. But when your resignation was accepted by the higher authority waiving your notice period, the personal vengeance of any authority cannot be a valid ground or reason to withhold your salary for the days you worked for the Company. In the given situation, file an application under Sec.33C(2) of the I D Act before the concerned Labour Court for recovery of dues receivable from the Company on resignation. Otherwise, if you are holding a position of Manager or Administrator in the Company then you have to file a civil suit against the Company for recovery of your dues.
Non-compliance with the notice period required for tendering resignation by an employee in terms of employment makes the employee either face legal consequences or pay damages for a breach. But when your resignation was accepted by the higher authority waiving your notice period, the personal vengeance of any authority cannot be a valid ground or reason to withhold your salary for the days you worked for the Company. In the given situation, file an application under Sec.33C(2) of the I D Act before the concerned Labour Court for recovery of dues receivable from the Company on resignation. Otherwise, if you are holding a position of Manager or Administrator in the Company then you have to file a civil suit against the Company for recovery of your dues.
Helpful
Helpful
Share
Read Related Answers
Notice period buyout during probation
Dear Client,
If there is no provision for a buyout of a fraction period of the total notice period in the policy of the Company, you cannot opt for it as a matter of right. Either you have to serve th...
Listed company registered office in residential premises.
Dear Client,
The use of a residential building for commercial purposes is not permissible under the law unless the class or character of the building is converted by the competent authority i.e, Munic...
Boss told me to resign
Dear Client,
An employee who is being forced to tender a resignation that amounted to illegal retrenchment/termination, if you can prove the allegation with substantial evidence. Once you succeed in p...
Commercial flate
Dear Client,
Regardless of the character of the flat, commercial or residential, a common area maintenance(CAM) charge is payable by the owner of the flat to a Society or Association.
Resignation wihout notice period
Dear Client,
A resignation without complying with the terms of employment i.e, service of notice period may liable an employee to face legal consequences for breach of terms of the contract. An employ...
Read Blogs on Corporate and Incorporation
Corporate and Incorporation Lawyers
Find Lawyers by Location