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sirish (consultant)     28 March 2011

Notice period not served - Legal action?

I worked for a software organization in Bangalore for 1yr and 3months. Finally I resigned to my job and I got relieved on the very next day, I was given the resignation letter(but not the final settlement). Now, they came back asking me to pay for 2 months salary total gross.(as I didn't served 2months notice). If I fail to pay, they are threatening a legal action.

 Offer letter says as below:-
"In the event of resignation, you will provide two month's notice in writing. Your services may be terminated at any time by giving two month's notice period (or severance payout) in writing by either side. Management reserves the right to decide and deduct the notice pay in lieu of period."

Now, I would like to know what would be the Legal stand point for my case in India. What would be the consequences if I fail to pay the notice period amount?

I request an expert to provide some information on this case. I appreciate your time.

Sirish



Learning

 1 Replies

Shantilal Pandya ( Advocate)     17 February 2012

 a  simple  case to  fulfil contactual  obligation   both  the  employer  and  employee  are bound by the  same 


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