LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Penalty issues for not serving notice period

Hi , I joined a company in feb 2014 and the company was not pvt ltd that time. It was a partnership firm. When I joined they made an agreement with us in a company letter head. It became pvt ltd in Nov 2014. And they enforced us to sign with the new agreement paper i.e with pvt ltd . And the joining shown as 1st Dec 2014.  The second agreement is also in company letter head. 

In second agreement , the notice period thing is missing . [[[[[  In first agreement , it was two months of notice period , for not serving the same we have to pay fixed cost Rs 20000 which includes Rs 15000 training cost and then twp months of salary ]]]  ]And it is written(In second agreement) only  , whenever you break the service agreement period , you have to pay Rs 20000 which includes Rs 15,000 training cost and two months of salary. In entire agreement paper , the service agreemnet period is undefined. 

When I resigned in this month of june 2015, I asked them to serve for one month notice period as in agreement (I considerd my first agreement paper , was not aware it is not included in second agreement) and to pay the penalty for next 30 days. However they denied the same and told either I have to pay or to serve the notice period.

I asked them to consider june 16 as my last day on june 17 as I could not attend my duties because of my illness . I have some company assets that I want to return them but they are refusing to give me the clearance.

My Problem :  I am ready to pay my penalty of my next two months of salary , but the 20,000 that includes rs 15000 as training cost., I don't want to pay.  I am working for the same company for 1.5 year and now they ar asking me to return the training cost.

The company has sent me a legal notice stating to give the penalty else they will give take civil / criminal action against me . In notice , they showed my joining as per second agreement i.e Dec 2014 month. 

To mention : They have not given any training in Dec 2014 . In second agreement they mentioned they have trained me upto 4 weeks.

Can Anybody help me which steps should I take ?



 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register