Job resignation Job resignation

2 weeks ago

Hi sir, i resigned from my job dt 18.03.2024 and start serving notice period for 3 month i continue my notice period in between on 08.04.204 i knowing by HR my salary hold for last month march 2024 after that i will send mail i am not coming in office due to my salary hold they reply if you not serving notice period company tack legal action against you also the 3 month notice period its sperate policy its not mention in my appointment letter so please advice me how i will defend this

Anik

Responded 1 week ago

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A.Dear client, the employer will hold the salary if you have started serving notice in between the month. After the completion of serving the notice period the employer will disburse the full and final settlement. If you haven't served the notice period as enumerated in contract the employer can take legal action on you. After serving the notice period if the employer still haven't made the full and final settlement then you can go to the labour court.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 week ago

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A.Dear Sir
Please approach the following authority or similar authority in a state


The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.

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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 weeks ago

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A.Dear Client,
Since you tendered your resignation on 18/03/2024 i.e, mid of month, your salary is being held by the employer for disbursement along with your F & F settlement dues once you served the notice period as per Company's policy. So, you have to serve the notice period of 3 months as per the term of employment/policy to entitle yourself to a claim for a relieving letter and the disbursement of F & F settlement dues from the company. However, the company refuses to disburse you F & F Settlement dues on the expiry of the notice period, you just serve a legal notice to your Company demanding the issue of a relieving letter and for disbursement of F & F dues. In case the matter is not resolved, then file an application under Sec:33C(2) of the Industrial Dispute Act, 1947 before the State Govt. Labour Court for recovery of entire dues receivable from the Company on resignation. You may also file a civil suit against the Company before the Civil Court for appropriate relief in the matter. Reach out to an Advocate handling service matters for guidance and steps to resolve the issue in the right way. Feel free to contact our legal team to navigate the issue in the right way.
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