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Sunny Batra (SE)     10 June 2015

Notice in reference to not serving notice period

I joined an IT organisation in NCR having strenght approximatley 200 employee and leave the organisation in 80 days due to over time pressure and un timely payment of my salary, no overtime salary was paid. I had the probation period of 90 days as per the offer letter. They have hold my salary after I stop going to office even for the days I worked there. 

I have signed a service aggrement which states "60 days notice period and in case not serving notice peried, money for unserverd days have to be given according to salary drawn" but nothing specifically said about the notice period for probation period.

Unfortunately I do not have any record for over time, all the salary slips and sighned offer letter with me. I only have offer letter send to me in mail while offering the job, my account e-statement for the transfer of salary and only one month salary slip.

Now they have send a notice to pay an amount according to 2 months salary. notice has been send through an advocate and it is on letter head of an advocate but not from the court.

Below are my queries for advice :

1. Is this notice is a legal notice and I am abide to answer it ?

2. Is there any rule for timely payment of salary. They used to transfer my salary by 10-11th day of month and I was not able to manage as I have to pay rent before 7th of the month.

3. They have send my salary details to IT department as it was not visible in 26AS form

4. Is the notice period of 60 days legal according to law. And as I was in probation and no specific notice period was mention during probation period, it will by default be 60 days or Indian law says it need to be different in probation period. Can I stand on this. 

Thanks a lot in advance.....



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 1 Replies

Kumar Doab (FIN)     10 June 2015

Repeated Query: https://www.lawyersclubindia.com/forum/details.asp?mod_id=122160&offset=1#.VXgHDFJ-hkg

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