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Yogita. (NA)     17 December 2020

In notice period, employer is asking to leave early and pay

Hi,

I joined a company in Oct 2020 and resigned within a month because of the factors like lewd comments by the manager, work culture, etc. I agreed to serve the notice period of 3 months but they stopped responding to me and cut me out of all the meetings. 1 month into the notice period, HR asked me to leave early and pay the recovery amount. I denied leaving early and stated I will serve the complete notice period. If they want me to leave early, I will do so but will not pay any recovery amount as it's their decision.

Now, I got the email from HR, with the LWD and to pay the recovery amount. I replied to that mail that I never asked to waive off the notice period, hence not entitled to pay the recovery amount. I also attached the screenshots of their rules and policies that clearly state it's illegal.

What should I do in this case? They are forcefully imposing it on me.

 



Learning

 7 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     17 December 2020

Hello,

As per your query you have resigned as per terms and conditions so there is no need to worry. They cannot recover from you. You can leave the company if they are allowing you to leave.

Yogita. (NA)     17 December 2020

Thanks for your reply. They are forcing me to leave early and to pay recovery. I clearly told them, I am ready to leave early if they want however I wouldn't pay recovery. They have asked me to leave tomorrow and pay recovery. Should I continue with my notice of 3 months? and ask them to pay recovery to me as they are violating the terms and conditions as mentioned below in their exit policy.

"In case the early relieving is approved subject to business decisions (I.e. no work for resigned employee or any other as identified), the notice pay for the unserved notice period will be paid to the employee during full and final settlement."

 

 

Isaac Gabriel (Advocate)     17 December 2020

My advice would be to come to amicable settlement so that you can concentrate on your future plans.

Yogita. (NA)     17 December 2020

I don't need experience letter and relieving from them. I am serving notice period to follow the terms and conditions and to avoid legal complications. I tried to talk HR out of it however HR is rigid in making me to pay the recovery amount. I don't want to pay it when I haven't done anything wrong.

Pradipta Nath (Advocate)     17 December 2020

Serve the notice period as per the agreement and let them be worried, not you! 

Yogita. (NA)     17 December 2020

*making me pay

Ritesh Maity (Labour Law Advocate)     17 December 2020

You have nothing to worry. You are serving the notice period in terms of your letter of appointment. The ball is in your court. Enjoy!!!


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