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Hemant   25 October 2015

Notice period not serving(medical reaso) co recovery, legal?

Fellow Friends - Need Help n guidance ! -The offer letter had 2 months salary to be paid clause incase of not serving notice. -Resigned the co. In 1-2mnths of joining due to medical reasons.. Written the same in resignation mail too - got a legal notice to pay this amt., am I liable to pay? -I don't have money to pay as I don't have it - co. also did not pay me my 10days balance salary - is the notice period not limited to base salary legally & not full salary? What are the ways out to manage this situation. This is from haryana , gurgaon n the industry is construction Please suggest what should I do? Need help, pls revert soon Hemant hemant.Karira@gmail.com


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 1 Replies

Kumar Doab (FIN)     25 October 2015

There was no need to resign if you were sick. Sickness is not misconduct. Notice period is part of service conditions that is governed by various enactments applicable to employee/establishment/employer...........................e.g. Factory Act/( Name of the State) Shops and Commercial Establishments Act/Standing orders (certified/model)

 

Your establishment/your div/your office etc may fall within coverage of:

 

---Punjab Shops and Commercial Establishments Act (Haryana follow it). You may go thru clause on notice period.It shall prevail upon clauses in appointment letter.

 

---Standing orders (certified/model): Model Standing  orders; Sec13.....................Notice period during probation period is NIL.

 

You may seek help from Inspector appointed under the Act, various employee's/Trade Unions/ labor Law Consultant and submit reply to legal notice in time.

 

 

 


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