no they can’t take such action if you get any notice from them reply through a lawyer
Short notice pay
I had joined a company on 15-Jun-2023 and due to some personal issues have decided to seek an opportunity abroad, accordingly I submitted my resignation in 11-Dec-23. As per my appointment order either I have to serve 2 months notice or can make a payment of my basic pay . I am serving a notice period of 39 days and willing to pay for the shortfall days. This being a consultant firm initially they said if any penalty is imposed by the client we will transfer it to you, when I refused to accept such penalty as it is not foreseen in my appointment order, they verbally informed no penalty will be imposed however are not providing written confirmation on the same. Now they have informed that will not pay the December month salary and will process it with final settlement. I objected and informed that you will be holding approx 10 times the value which I have to pay for short notice. If I am not being paid for the notice I am serving then I would like to be relieved immediately (still the company will have to pay me the balance and no dues are from my side) to this on phone they have threatened me saying that they will ensure to report this to ministry of external affairs and ensure I do not clear my immigration (stating that I am leaving a construction project of national importance)and will also take steps to blacklist me in all consultant company involved in metro projects in India. The contract I have is a fixed term contract and not permanent. Also there is a retention pay which I have agreed to forego since I have not completed the one year period. Respected lawyers in the forum kindly advise me if they can take any such action, despite me acting within the boundaries of my contract.
Asked 1 year ago in Labour
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
4 Answers
Send email that you are paying for the shortfall in notice period
2) forward cheque for salary in lieu of notice period
3) request company to give you relieving letter
4) later due the company to recover your salary for December period
5) company can black list you have amicable settlement is best option
You said that it was a contractual employment hence the company cannot insist you to continue beyond the contract period, hence the company cannot blacklist you anywhere for any reason.
The company do not have any right to approach ministry of external affairs for this reason, you have not done any crime that is affecting the national interest, hence it is just a threat which is out of their imagination.
The company is trying to just put pressure on you on such false thoughts.
You have already served a considerable notice period and would like to get relieved immediately and you have already expressed your intention to compensation for the remaining notice period, which is acceptable as per company's policies.
The company cannot go against their own rules of its policy decision at this stage.
You issue a notice in writing instead of talking to them over p[hone or email and seek relieving letter by enclosing a cheque for the remaining notice period and request them to do the F&F settlements at the earliest.
After that you can resort to legal action if the problem still remains unsolved.
Dear client,
Sorry to hear about your situation. The conditions of your contract and the Industrial Disputes Act of 1947 can be pertinent. Employers are required to follow the conditions outlined in the contract. The employer must abide with any notification requirements or pay-in-lieu clauses specified in your contract. It could be coercive to threaten to blacklist you and report you to the Ministry of External Affairs. It may also be illegal to fail to pay salary for a notice period that has been served. Keep a record of every conversation you have.
Hope this helps you.
