Abhay (ABC) 16 November 2009

Consequences of not serving Notice Period/Notice Pay

Dear All,

This is pertaining to one of my friends who worked with one of the reputed Indian business houses for a little less than a year at a middle level management position in Delhi.

In order to accomodate/place one of their favourite employees in Delhi in my friend's place/position, the senior management of the company issued orders for transfer of my friend to a new location (out of Delhi). My friend protested and cited personal and pressing reasons for his being unable to relocate.

The senior management not relenting with their unfair and unprofessional conduct were adamant that there were no two ways and that my friend would have to relocate compulsorily. My friend on this, sent a mail of his resignation to the senior management requesting for immediate relieving. My friend had to stop going to office as there was already a new occupant in his position/place and my friend did not want to relocate out of town to the new location. Let me state here that there was a one-month notice/salary clause in his appointment letter.

The company did not reply to the resignation mail for more than 6 months and then started sending reminders for one-month's notice period salary. As my friend was not at fault and it was the company whose conduct was unprofessional and it did not reply to the resignation mail sent to the senior management.

What are the legal remedies available to my friend for the constant harassment from his previous employer.

Thanks,

Abhay

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3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 16 November 2009

As your friend after submitting his egnation mail stopped attending his office thus the mail cannot be treated as one month notice as per rules and agreement executed at the time of appointment so your freind is definitely liable to pay one month's notice period salary to the company. The unprofessional attitude of the company has nothing to do with the settled terms of appointment.

Abhay (ABC) 16 November 2009

Thank you Sir for your reply.

However, I would like to seek further kind clarification/further advice on:

1) If technically and legally the company is not at fault by not formally accepting the resignation letter (email) especially so in light of the fact that my friend had no position (his original position/place) in Delhi as the same was immediately filled up by the favourite of the senior management with the transfer order for my friend.

2) The contention of my friend is that despite his decent performance the company has ordered his relocation from Delhi to a new location to favour their favourite and tomorrow to favour any other favourite they may again ask him to relocate. This clearly portrays and establishes the unprofessional conduct on part of the company.

3) Since my friend is not at fault, he is not keen in paying any notice period amount. However, as his said resignation has not yet been directly and formally accepted except for the harassment reminders for notice period amount, my friend is in order to get rid of them READY to work with them again for one month. Though it has been more than a year since my friend left the organisation.

Looking forward to your views and if there is any way in which my friend can get relief without him having to pay for notice period.

Thanks,

Abhay

V. VASUDEVAN (LEGAL COUNSEL) 23 November 2009

I concur with my Ld.Friend Adv. Makkad's views. In the given circumstances, there is no option for smooth way out but to the pay the notice period salary. Your friend, instead of presuming that he did not have any position in the office since some one else has been appointed, he could have continued to attend the office. In such case, it would have been the burden of the Company to find a position to him.

Vaasudevan