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Pankaj Singh (NA)     13 October 2010

Notice Period Not Served

Hello Experts,

I have worked in a USA based software company in Noida in August 2010 and left it in September 2010. There was no probation period. I have sent the resignation mail and talked to my manager that because of some personal problems, I am unable to continue my job as well as serving 2 months notice period.

Now I have received a recovery e-mail from them stating that I need to pay them 2 months salary (in lieu of notice period).

I need to know what legal action can company take against me in case I don't pay them the money?

Thanks in advance!!



 7 Replies

Pankaj Singh (NA)     14 October 2010

Can anyone please give some suggestion to my query??

Rashmita Saikia (Lawyer)     14 October 2010

I think you have worked only for one month right? Did you sign any paper saying that in case if employee fails to serve the notice period have to pay the recovery amount? If not, they can not force you to pay the recovery amount? Did you get any salary for the month you worked for the company?


 

rashmi_2010 (Advocate/Corporate Consultant)     14 October 2010

They can file civil suit against you if you have signed any kind of agreement or if this was mentioned in the terms and conditions of the appointment letter which you have accepted.

Better to negotiate with HR to waive of your notice period as you had to discontinue due to some personal problem..

Pankaj Singh (NA)     14 October 2010

Yes, I have received half month salary (August). This is specified in my offer letter:

At the time of tendering resignation you shall be required to give two months notice in writing. Your services in the company shall be terminable by giving two months notice or Basic salary in lieu thereof as per discretion of the management

Lokendra Singh (Advocate)     15 October 2010

Hi Pankaj,

All things are depend on the Term & condition mentioned in your Appoint Letter which accepted by you. If it is mention in the Appointment letter, company can recover the 2 month basic salary.

HANAMANT NIRALGIKAR (Dy.Manager)     29 December 2010

Dear Experts,

My wife is serving in a self financed engineering college as lecturer since last 3years and now she has got a offer from another college.She has submitted her resignation on 14.12.2010 and now the college is asking her to serve for 3 months as notice period or pay the college in lieu of notice period for giving the relieving letter. However no where in her appointment letter the notice period is mentioned and no where there is mention of payment in lieu of notice period. In absence of any mention of notice period in appointment letter can the college deny her giving relieving letter? They seem to threaten the staff by asking exhorbitant amount for getting relieving letter. She has not signed any bond nor has she taken any assistance for higher studies.

Can somebody guide us as to what needs to be done to get the relieving letter from college ?

Jagdish (Manager-Business Coordination)     17 March 2011

Dear Mr. Hanamantji,

Your contention is clean in your letter.  As there is NO clause for 3 month Advance Notice or Notice Pay for 3 month wages in the appointment order  of your wife, why should you bother about the threatening of the management of the college?

At this juncture, you need not entertain any communication with the College authorities about the Notice Pay and whenever they are pressuring you or you wife please instruct them to act according to the terms and conditions of the employment.  ( I think original copies of the certificates etc of your wife is not with the college authorities). 

Jagdish.K

+91 9947662384


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