Asked in Employment Law

Q: Employer threatening for legal action for not serving notice period

As per my joining letter (2.5 years old), there is 45 days salary in lieu of notice is mentioned and as per my latest increment letter (6-month-old), the notice period is 2 months.

So my current employer is forcing me to serve 2 months notice period but I gave them 15 days from my side and clearly mentioned I will leave my position after 15 days as per the resignation submission date and offered them to buy out the rest of the notice period.

But I had extended it to 24 days to complete pending projects and left after delivering all the assets of the company.

I had submitted my resignation on 17th Jan and left my job on 11th Feb after serving 24 days notice period they already held my 17 days salary for January. Now they are denying to pay my salary and providing a reliving and experience letter if I will not serve 2 months notice period. Can i claim my salary and letters?

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1 Lawyer Answer

A: The answer to your question depends on the language in your agreement or employment contract. If you were required to provide a 2-month notice of your resignation, and you did not do so, you would be in breach of your agreement. Your company is not required to pay you your salary for days you were not actually working out your notice period. You should contact an employment attorney in your area to discuss the specific terms of your agreement.

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