(Guest)

Notice period payment to company

Dear All,

I want advice on the following.

I resigned from my company recently and not able serve notice period because of travel restrictions due to COVID also i have financially unstability.Company was forcing me to do site visits in this pandemic.

Now as per my employee agreement following clauses are there regarding notice period and termination.

1. In case you wish to leave the organization.you shall provide 60 days notice period from date of receipt of resignation,no leaves can be taken during the Notice Period.

Cessation of Employemnt:

Not with standing anything herein contained,the company will be at liberty to terminate your employement anytime without notice or salary in lieu thereof if:

1. In case you dont serve your notice period of 60 days from the date of recipt of resignation.

2. Your service can be immediately terminated on grounds of indiscipline.

Now my question is company is demanding from me 2 months salary against notice period becuase i am not serving the same. In the contract this thing is not mentioned anywhere that i have to pay money for not serving the notice period.

Note : Company was deducting some monthly amount against security. which is payable only after 2 years.

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5 Replies

Dr J C Vashista (Advocate) 15 July 2020

Terms and conditions of service shall prevail.

Sunayana Chhabra 15 July 2020

Company can only terminate your services if you leave without notice. The company cannot deduct your salary. You lodge complaint in the labour department. Feel free to contact at sunayana122@gmail.com for further assistance.

Ritesh Maity (Labour Law Advocate) 15 July 2020

If there is no clause for notice pay in your letter of appointment then you are not required to pay. However, better consult a lawyer with your letter of appointment.

However, the montly deducted amount from your salary for security deposit for last two years seems to be prima facie, illegal.

Pradipta Nath (Advocate) 15 July 2020

Company has every right to claim compensation for not serving their 60 days mandatory notice period. May this is not explicitly provided in the offer letter but not serving mandatory notice period do have some consequence, may be it will effect your full and final settlement or release letter. Better to serve the notice period.

P. Venu (Advocate) 15 July 2020

In my understanding, any condition as to notice period ought to be binding equally on the employer and employee. In the absence of corresponding reciprocal condition binding on the employer, the unilateral condition on the employee is unenforceable. So also, the deduction from the salary towards the alleged security is not lawful. The author may take remedial action.