Yoko (XYZ) 30 January 2012

Notice period and settlement

Hello All,

I joined an Pvt IT firm in second week of December 2011 and due to some reasons I resigned from there within a month. I did not meet my reporting officer before resigning, nor did I serve the notice period. Now I have received a letter from the company stating that I need to give them the salary for those 2 months, which turns out to be a big amount for me. If I am not able to pay the amount they are going to take legal action against me.

I recieved the offer letter from the company on the day of joining. The offer letter mentions that I need to pay them my Annual Gross Compensation if I am not able to serve the notice period.

I am not sure how should I proceed in this case? Can you please guide?

Regards.

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3 Replies

Kumar Doab (FIN) 30 January 2012

In your FNF statement company shall adjust all payables by company to you and all payables by you to company, thus your salary for the period you have worked shall get adjusted.

You may request the good offices of the company i.e. your appointing authority, MD, Head-HR, keeping line management in loop, in writing under proper acknowledgment, to waive off the notice pay in your citing valid and convincing reasons which forced you to leave the organization in hurry. Your line management can help you. If it does not fetch you any relief you may insist for supplying the FNF statement and to pay post receipt of FNF statement only by crossed a/c payee cheque, for which the proper receipt shall have to be issued under original seal and signature of the competent employee of the company , on the spot along with your PF number, service/work experience certificate, relieving letter, form 16, PF withdrawal/transfer forms, PF accumulation report ( as and when supplied by PF office) NOC/NDC.

If majority of the employees separate in the manner like you whole planning and exercise of the company shall go for a toss. Therefore companies do not tolerate such conduct. If you were recruited thru a consultant company is ought to pay the consultant's fee and why should company bear this burden. Kindly be responsible in future.

Yoko (XYZ) 30 January 2012

Thanks for the quick response Kumar.

I do not need any FnF/Experience or relieving letter from that company. I understand that I didnt resign properly. However there were some unavoidable circumstances.

Is there a way I can get out of this without paying anything?

Regards.

Kumar Doab (FIN) 31 January 2012

If the company is determined.........NO. Yu are under obligation to pay.

In all probabilities company may shy to supply you, FNF statement in which your salary, notice pay is adjusted, and other documents, by registered post. Company may not also proceed legally to recover the notice pay from you.

The tenure of employment is short. Probabaly you do not want to mention it in your vitae.

However some one some day may whisper that you were in employment and that shall not be good.

It is always better to close such matter properly.