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Ajay (Associate Mgr)     14 July 2014

Resignation on probation period

Dear Senior,

I worked with an IT software company in Gurgaon, Haryana for 30 days & during probation period found another job & resigned from current job. I did propose them to serve 7 days of notice period but my employer is pushing me to server 60 Days of notice period or to pay gross salary for 60 days. I have been told by HR in case of non payment or non serving of notice period. Company will file a legal suit against me regarding Notice Recovery & other damages (training cost + Hiring cost & etc..).

As per the offer letter notice period stands for 60 days but it is not mention that payment should be made on basic/gross.

I have never received any training from my employer, I joined as a Manager & decided to quit for my personal benefit.

 

Please advice what should i do now. 



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     14 July 2014

Generally, the notice of resignation is intended to allow the company to find a replacement, and is a matter of etiquette more than anything else. If you simply walk out, you will not get a good reference from that company, but you have already found a better job anyway. They cannot legally penalize you or withhold your paycheck, and are legally required to pay you for every hour you worked. 

Ajay (Associate Mgr)     14 July 2014

Thanks Sir for your response. I wanted to check as I have sign the offer letter can they force me to pay notice recovery amount. They also threatening me to file a legal suit for training n hiring cost. Pls reply.

Dipti Biswas (NA)     16 July 2014

Dear Sir,

I'm from Pune (M.H) I was working for an IT company on a third party pay role (Contract to hire). Due to relocation i had to resign, however i served 1 months notice period out of the 2 months mentioned in the offer letter.

During the resignation process I was told by my Vendor that If i get relieving approval from my reporting manager from the IT company, i will be released from my services without any issues.

No where in the offer letter did they mention about deduction of gross salary if fail to serve the notice period nor was I verbally communicated about the same even after my asking them if i will have to pay an amount to buy my notice period.

Now they are not willing to process my full n final settlement. I wanted to ask ideally if one fails to server the notice period then what is the amount that actually gets deducted- is it the gross or basic?

Please help me of what actions i can take to have this sorted.


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