Gorav (MTS) 18 July 2010

Will I need to pay for not serving Notice Period

I'm IT professional. I joined a company on 28th Dec 2009. And, I resigned there on 3rd Feb 2010 by mailing them. Till then, I was on bench. And, HR told me to collect the relieving letter immediately, but I couldn't collect as I got ill.

But, now in July 2010, I got the email from HR of that company that I need to pay them 1 month salary, else they will take legal actions.

Now, I want to ask, even as I was on bench, an HR was ready give me letter at that time. But, now they are not ready to listen to me.

What they can do in terms of legal means?

Do I need to pay them?

Please reply, its disturbing me a lot.

Thanks

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3 Replies

Gorav (MTS) 18 July 2010

Even, I was on probation period

leena Sharma (law and law training ) 29 July 2010

You need to see your appointment letter. If it contains a clause that you have to give legal notice or one months' salary in lieu thereof, then you are supposed to comply with it.

It is unclear whether you served for one month after sending the resignation. What do u mean by Bench. clarify.

and dont worry, generally we advice our clients not to take action until teh amount is very high.

venkatkrishna (AGM) 01 August 2010

How you got the information from HR dept that, you can collect your relieving letter. It is important doc. Next generally if an employee walks away within probation period, there are no binding rules. Still it is matter of terms and consitions of your employment letter.

If I am not wrong your word BENCH wrongly typed instead of BED. ( refer last word of first para).

You can write a simple and normal letter stating that you have joind on .... and as per employment letter the probation period is ......... months and in case of separation .......... within probation period no notice period is to be served or equal pay. ( refer your employment letter). and request them to withdraw their letter and also request him in your letter not to take any legal actions as you cannot afford the litigation and you did not any wrong against the company.