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Final Settlement - Relieving Letter - CiteHR

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starfish123
Hi Sir,
I work for a company in India. I quit the company on medical grounds, but as per the offer letter i was supposed to serve a notice period of 90 days. However I could serve only 30 days as I was advised not to drive as i had a medical problem. They have not settled my dues nor the relieving letter is given. Can I legally get back my 30 days salary and other dues? Can I know the labour law in settling F&F when an employee quits on medical grounds...

From India, Bangalore
Madhu.T.K
3891

There is no Labour Law relevant to full and final settlement with the exception of some provisions in the Industrial Disputes Act. The Industrial Disputes Act, however, speaks about employer's obligation towards an employee who is to be terminated or retrenched and not about employee's commitment towards employer to serve notice etc. Besides, the ID Act is meant for workmen under the definition of which a person having supervisory or managerial powers will not come.
For all employee other than workmen the settlement is decided by the contract of employment and is always flexible depending upon the terms and relationship which exit between the employer and employee.
Regards,
Madhu.T.K

From India, Kannur
vishwashthakur
2

You are bound with appointment letter, if you have signed the same terms and condition than you can't challange to employeer for 30 days dues in law court, becasue as per terms employment you have to bear the same.
Regards
Vishwash Thakur

From India, Mumbai
starfish123
Does the law say that even if an employee is ill he has to serve his notice period?? I dont think so..Moreover my employer used to pay salary after 10 days of billing cycle...
From India, Bangalore
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