Notice Period Recovery

[Sedge]

Hello,

I am working with an IT company in Pune. I resigned from the company on 1st Nov 2012 and asked for reliveing on 30th november.

I was not billed under any project when I resgined and was on bench. The notice period is 2 months. But because I was on bench, I asked for relieving in 1 month and got the confirmation on the same from the HR. The mail said "As communicated by your manager, you will be relieved from the services on 30th November 2012." There was no comuunication on notice period recovery.

For this one month, I did KT in a week and then I come to office, and go back doing nothing.

Now just before the reliveing date, they have sent me the Full and final calculation in which I will not get any salary for this month served, and additionaly I will have to pay them some big amount.

I want to know, if an employee is not billed under any project and no work is left undone from the employee, and the relieving date is confirmed by the manager and hr in the beginning, still the employee is liable to pay any notice period dues to the company?

Why pay penalty to the company inspite of not having any work.

It would be very kind of you, if you could tell me how can I act in this situation as my financial situation does not permit to give any money to the company. Whatever action has to be taken, it has to be today.

Thanks in anticipation

Anushree

[Zoello]

You shall have to comply with the termination clause contained in the contract irrespective of the fact whether any work was allotted to you or not.Similarly,even if no work was allotted to you and you were asked to sit idle, your employer was legally bound to pay you for the said period.However,in case of any shortage in notice period, please request your Management to adjust it against your outstanding dues,if any.Since they have accepted your resignation, there is no problem for you to leave the Company now.

In view of the above nothing to worry about.Please take apprpriate action by consulting a service lawyer.Please show all relevant documents to him.