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(Querist) 06 December 2008 This query is : Resolved 
A request to seniors to guide me on the belowmentioned two issues:

First: Whether it is mandatory for an employee to give three months' prior notice to the employer before leaving the job? And secondly, if the employee gives only one month's notice and leaves the job, whether the employer has the right to deduct three months' salary from the dues which he is entitled to once he ceases to be the employee after resignation? (Note: In this case, the employer relieved the employee after one month's notice period but deducted three months' salary. Can he do it as per the law?
somnath_maitri (Querist) 06 December 2008
Please do the needful. Its urgent.
G. ARAVINTHAN (Expert) 06 December 2008
We have to go through the terms and conditions of the employment before answering the issues
kumar sachin (Expert) 06 December 2008
yeah it depends on the agreed terms of job
Tribhuwan Pandey (Expert) 07 December 2008
Depends on, at time of joining, what agreement you have signed. If you have signed such agreement where the terms and conditions are three months' prior notice to the employer before leaving the job then you are bound to follow with this agreement. If there is no such condition you may file a suit to the appropriate forum.
A. A. JOSE (Expert) 07 December 2008
Absolutely right. If your terms of appointment or the standing orders applicable to the establishment concerned required you to give advance notice of 3 months' or payment thereof in lieu, the employer has a right to recover the same from you please. However, while raising such queries it would have been proper for you to quote relevant terms and conditions/standanding orders,etc. to have proper consideration of the matter.

Adv.Shine Thomas (Expert) 08 December 2008
It is decided according to the terms and conditions of the employment.


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