regarding notice period in a company
Sreejith s
(Querist) 17 October 2014
This query is : Resolved
I have resigned from a company. In my appointment letter it is given that the notice period is 3 months.but at the time of my resignation I have asked the company to relieve me in 1.5 months for which they agreed. But when its one week remaining they are asking me to pay an amount equivalent to 45 days of salary then only they will give experience certificate. Could you please guide me on how to deal with this. Can I file a suite against this company?
ajay sethi
(Expert) 17 October 2014
as per your appointment letter you are required to give 3 months notice period . in the event you notice of only 1.5 months you would be liable to pay for the shortfall in notice period . serve the notice period or pay . it dosent make sense in filing suit against the company . amicable settlement is best
Sreejith s
(Querist) 18 October 2014
At the time when I gave resignation letter they agreed for 1.5months .but now they are asking me to pay when 1.5 months is getting over.
Rajendra K Goyal
(Expert) 18 October 2014
Company is justified in asking the pay for rest 1.5 months as per appointment terms. Whether they have conveyed you that you would be relieved after 1.5 months without paying the rest of money?
P. Venu
(Expert) 18 October 2014
Is there any evidence of the promise made by the company? So also, has the company gained any advantage of the promise made to you?
Sreejith s
(Querist) 18 October 2014
Yes I have a mail from my company in reply to my resignation mail that they will relieve me in 1.5 months.
Devajyoti Barman
(Expert) 18 October 2014
Since mail is there the original job contract would be treated as modified by decreasing the notice period from 3 months to 1.5 months.
Company can not force now anymore to give payment for the another 45 days.
Advocate. Arunagiri
(Expert) 18 October 2014
Relieving is different from claiming of the notice period. It seems that the company had accepted to relieve you in 1.5 months by receiving the 1.5 months salary in lieu of the remaining notice period of 1.5 months.
I dont think any illegality in it. In fact they are helping you.
malipeddi jaggarao
(Expert) 19 October 2014
Unless we see the full text of your resignation letter and the reply mail, we can not give you proper guidance.
T. Kalaiselvan, Advocate
(Expert) 19 October 2014
As rightly observed by experts, there is no illegality in the company's claim for 45 days salary amount.
