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Suresh kumar (Sr.Developer)     18 December 2010

Notice Period Action on Not serving

Hi All

 

Kindly please give  advice on my problem explained below.

 

I have joined a software company (from the day 1 I am a confirmed employee, not I in probation). And after working for 2 weeks (example Jan 1-15) I got a better role and offer from the different organization. So I  put my resignation and they did not accept as they asked me to server 2 months notice period which is not possible as the new organization asked to me join on Jan 17.

 

As no gain with out pain I quit the old company and joined the new one.on Jan 17 .

 I am not expecting any reliving letter from my old company for 15 days .

 

After joining, now I have started receiving multiple letters from previous employer.

 

Like They have terminated my service and would proceed with legal action on me.

 

And in the final letter they have asked me to pay 2 months salary as due to wards notice period.

 

"Clause in offer as below

 

If I don’t serve the notice period, settlement of dues will be at Management decision " and nowhere in the letter says that I have to compromise notice with paying salary to the employer.

 

Now my quires"

 

1. Since they have not mentioned in the letter that I should may the salary if not serving the notice, do I still bound to pay that?

2. IF I don’t pay do they can take any legal action on me?

 

3.IF I am paying the 2 months salary , can I demand that I should get my salary for that  I worked for 15 days ? And experience letter for 15 days?

 

4. Since they have asked to pay the money through DD, am I supposed to get a settlement  letter from the employer? Or can I demand for that for future reference

 

Please kindly help ASAP to answer above queries, help would be much appreciated .Thanks in advance



 11 Replies

V. VASUDEVAN (LEGAL COUNSEL)     18 December 2010

You can make a settlement statement yourself by calculating the two months notice pay - (only basic) out of this amount, you may adjust the 15 days salary - full pay and send a DD for the net amount due. A word of caution - It is  not a good practice to quit a job even without simple notice. A employment contract has to be respected by both employer and employee and the employee, unless there are compelling circumstances, has to give a reasonable notice before quitting the present employment.

vasudevan

1 Like

H. S. Thukral (Lawyer)     18 December 2010

Do not pay anything. Let them take action if you don't require any experience letter or relieving letter.  

Lokendra Singh (Advocate)     20 December 2010

If I don’t serve the notice period, settlement of dues will be at Management decision "

If above clause is mention in your offer letter, than you don't need to pay anything.

Changing the job in 15 days is not Good Practice for Professionals

Raj (Deputy Manager)     20 December 2010

I agree with Vasudevan.

Govind Sharma (Manager- HR & Admin)     20 December 2010

I don't agree to harbhajan.

 

Prima facie, you have breached the contract. You might get benefit from amiguity of the terms mentioned in contract i.e. at managment's decision. You can get relief only if the management ask you to do something unlawful or impossible as per the provisions in Indian Contract Act.

Other queries:

1. If you pay the notice period and do settlement, you are entitle to get both relieving and experience or at least experience letter.

2. Company can sue you for breach of contract

3. If company does so, this will be hectic for you only as somewhere in future, your reference check will be done

H. S. Thukral (Lawyer)     20 December 2010

Mr. Govind Sharma:

You have not gone through what Mr. Suresh has said in his query. He has said that management has sent him several letters and one of them says about termination of his service. Now apparently this termination would be based upon the conduct of employee in absenting himself from the duty. Once the service is terminated by the employer    where is question of resignation and notice period. It shall be rather open for the employee to challenge the termination as illegal. If the management has terminated the service as per terms of the contract, rather the employee shall be entitled to notice pay not the employer. 

Deepak Vasudevan (Tech Architect)     21 December 2010

They can very well adjust with your available leaves if any. If there are deficit of leaves in that case there might be a need to compensate.

Atul (Manager)     04 December 2011

 

Hello , 

I need advice, I got good offer from new company . Now I have given resignation in current company but they are saying to stay for 3 months as a notice period which given in appointment letter,

The matter in appointment is like this 

Notwithstanding anything to contrary contained herein, either party may during the tenure of your service, termination of same by giving to other party not less than three months previous notice of termination in writing.

so now my query 

1.       Should I need to complete the notice period compalsoryly? 

2.       Will my balance leave useful to be given as notice period.

 

I am working with this organization from last 4 yrs & as a manager. But they are forcing me to complete notice period.

What option I have.

ibb (r23)     20 February 2012

Hi 

Suresh kumar

 

I am facing exactly the same issue as yours and also the company is same :)

Could u pls let me know how u resolved ur issue.? It would be quite helpful for me.

 

Thanks in anticipation.

ena (finance)     30 July 2013

Hi,

 

I have resigned from my compnay and served 15 days of notice period, however my compnay have 2 months notice period.After i left the organisation my company sent me notice for terminating me as they are showing me absent from the company.

Please let me know how can i be terminated when i have resignated , and also i m ready to pay salery in lieu of notice period subject to relieving letter.

jay kudale   12 March 2019

hi 

this is Jay

i work with a firm as a HR.

i put down my papers on 1st of march and as per company policy i'm serving a notice period of 1 month

bt the manager is forcing me to leave in 15days without any reason i've done all my tasks assigned  to me.

and he's also not providing me experience letter.

what should i do?

 


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