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Vikas Sharma (Programmer)     23 February 2014

Not serving notice period

Hi All

I could see many valuable posts and responses.First of all I would like to thank you all for this.

I need some help and clarification in my scenario. I accepted an offer with an IT organisation and did not sign any Service Agreement or Contract. Though i signed on the offer letter at the time of joining. I joined the organisation on 5th November 2013 and after going for 2 days, i resigned on 11th November 2013. I served only for 2 days. My reason to leave the organisation is I was recruited for a post and job that suits my profile but after I joined I was assigned with something else which no way suits my profile.  Then I decided to resign and submitted a formal resignation mail to my recruiting HR. After which they started threating me telling I have to pay compensation if I'm not serving the notice period which no where mentioned in the offer letter. Statement in the offer letter is as follows,

Notice For Termination:

"The written notice required for termination of employment will be two months notice by either party. You would  be required to serve the stipulated notice period and early release would be at the sole discretion of the Management. In case you leave your employment without giving requisite notice, no relieving letter will be issued and settlement of dues will be at the sole discretion of the Management. However, under organisations disciplinary procedure your service can be terminated without any notice period."

Later, I received a letter from organization seeking to pay a fine of 72000 as loss to company which I can't bare in any way since I was not even enrolled to receive a months pay from the organisation.

Please suggest and help as how to proceed with this.

Appreciate your help.

Thanks in advance.



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