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Dear All,



I was working in company since last 2 years. In last year, Company didn’t get any project. I was sitting idle since last 4 months. So I resigned from company and gave 3 months of notice. I thought I would get early release due to no work. HR called for discussion & asked to pay for shortfall of notice period. I was not Ok with buying the same. Then it was concluded that I would serve complete notice period. After 1 week, HR called me again & showed FNF sheet. HR added gross payment for remaining 45 days to be incurred from me & asked me to leave company asap. I again objected Hr for doing same. I never said that I agree to pay for remaining notice period. But HR said, company has right to release in lieu of payment & this decision has been taken by management as per their discretion.

I tried hard to convince them that company cannot force me to buy notice period especially when company do not have any work to deliver. Buying notice period is or can be possible only when I am asking for early release and there is loss to company. To compensate it, company can ask for the payment. HR told me, we wanted to retain you but you resigned. So it’s company’s discretion to decide what to do? When I ask about how they can hold my salary without my consent? Why should I suffer financial loss of paying for short fall of notice period just because of indecisiveness of HR (even HR took 45 days to call me for discussion till that time I was sitting idle in company). HR didn’t listen to me and asked me to leave asap. Amount is very big and I cannot afford to pay it. I feel it is wrong & unethical to adjust last salary for buying notice period without employees consent.

I have some queries to all forum members,

1. If company is relieving employee since there is no work, Does company have right to keep employees last salary without their consent (for short of notice period)?

2. Can I challenge company for their decision in court? If yes then in which court should I file case?

Plz help me dealing this matter as I have been released by company.

Regards,

Prasad.

From India, Pune
If you want to go early and company does not want to leave you in that case you need to buy out the notice period.
In case company force you to leave early and asks you no need to serve the notice period then they cannot charge you anything.
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From India, Mumbai
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