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Manpreet (SRPE)     01 July 2010

Notice Pay Deduction


Can anyone help me i have resigned from my firm without serving the notice period and i also received the resignation acceptance letter from the management . But now when i called my company for my full and final settlement amount the hr replied that the company owes money from me. As i did not serve the notice period.

As i am informing the company and receiving the resignation acceptance letter do i need to pay still as the company has accepted my resignation.

Can company take any legal action against me if i don't pay the notice period amount.


 6 Replies

Johnson Poojari (Sr.Manager HR)     02 July 2010


Company can't  take legal action as they hav given the  resignation accpetance letter.

Jagan mohan (advocate)     02 July 2010

dear sir According to ur problem the company has no right to take legal action against you,  as per  law  the employee must serve notice to the employer before 30days or 15days for his resignation. its manadatory as per

law. but in ur problem the company already accepted ur proposal so u need not pay any amount to the company for that period .

P. Selvam (Manager - HR)     02 July 2010

Dear Mr. Manpreet,

You stated that since the company has accepted your resignation, you didnot honour your notice period of work or pay. Normally the company agrees for formal acceptance of resignation and based on the acceptance.  You may be relieved after either completion of notice period, leave ajustment or notice pay.

But your case clearly shows that the acceptance is only provisional no proper relieving from the company.  Hence, the employer has the right to withhold your full and final settlement or can adjust in view of breach of employment contract.

Regarding this small issue, the employer cannot sue you.

Manpreet (SRPE)     02 July 2010

can they stop my PF if not how can i withdraw my pf amount because the company won't allow me to fill the pf from unless i pay them the amount they are requesting for notice period not served.

P. Selvam (Manager - HR)     03 July 2010

Dear Manpreet,

U directly submit your claim with PF office and get acknowledged, then the PF will forward your claim to your employer to fill out the necessary informations and chase the PF office once again after a month. Even then no response from your employer and lodge a complaint with PF commissioner or Enforcement officer

Manpreet (SRPE)     03 July 2010

thanks a lot  to all of you for your help and guidance.

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