Company is deducting from my settlement money

Amitava Chowdhury (Querist) 13 June 2023 This query is : Resolved
Dear Sir ,

I resigned on 14th Dec 2022 and after that couldnt attend office to serve notice period of 2 months due to ill health . after 4 months , when i am better , i told hR that i want to complete the notice period , hr told that my service is nt required . now company wants to deduct my money for not completing the notice period

what should i do ? kindly guide

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Quick Summary

An employee resigned due to ill health and was unable to complete their notice period. After recovering, they offered to finish the notice, but the company declined their service. Now, the company intends to deduct pay for the unserved notice period. While the employee feels this is unfair, the advice suggests that if the employment contract stipulated a notice period, the company is within its rights to make deductions, especially since the transition period has passed and the role likely filled.

kavksatyanarayana (Expert) 13 June 2023
What are the terms and conditions of the appointment letter? Did you submit the request to grant eligible leave as you were on sick? As you have not attended the job, they may deduct money. If you have any grievances, file a suit against HR.

P. Venu (Expert) 13 June 2023
The facts posted suggest that the management cannot be faulted for their stand. The objective of Notice period is in ensuring a smooth and trouble free transition. The period already being over (the management would have already filled up your post), no purpose is served by your belated serving of Notice period.

T. Kalaiselvan, Advocate (Expert) 14 June 2023
Since your have signed the employment offer letter accepting the conditions therein, it becomes your duty to comply with the conditions.
Hence you have to pay for the notice period that you have not served, your company is right in its demand.

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