Delhi | 16 Feb, 2022 (9 months, 2 weeks ago)

Employment and Labour Laws

Employer threatening for legal action after submitting Resignation

Got a btter opportunity & my new employer wanted me to join ASAP, gave a formal resignation to employer. 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, the notice period is 2 months. 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 and offered them to buy out the rest of the notice period, 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 and threatening me to take legal action. 1. Am I able to claim my salary and experience letter? 2. can i claim 17 days salary+24 days notice+13 casual leave 3.I Already offered them at the initial stage to buy out the notice period as my new employer was ready to pay for it but they didn't provide an answer so can they claim money?
Answers
19 Feb, 2022 | 01:07

1. You can claim relieving and experience certificate only after clearing all dues of employer.
2. No, in fact you owe 21 days salary to employer for quitting before serving notice period.
3. Yes, employer can take legal action against you for recovery of 21 days salary and can impose damages and penalty also.
For further queries you can reach me directly.


16 Feb, 2022 | 18:28

Yes. There is only one way by which you can do so. But i cannot share that here. For any further assistance, feel free to contact me on my e-mail "shubhampabbiadv@gmail.com"

regards,
Shubham Pabbi & Associates


16 Feb, 2022 | 15:18

Please reach me at 9794148274 for consultation


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