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Hritik   01 September 2023

Notice period recovery

My notice period mentions 

"You will be under probation for a period of six months starting from the date of your joining. The
Company may further extend your probation period to a maximum of 6 months (180 days) in two cycles of
3 months (90 days) each, if your performance is not up to the expectation of the Company. In such a
case, your performance shall be reviewed again at the end of the extended period.
During probation period, either party shall be at liberty to terminate the employment after giving one
month’s notice or compensation in lieu of notice without assigning any reasons"

 

But I resigned with 4 months and met with accident on very next day of resignation due to that I could not served notice period.

 

After 1 month I go to company to return the assets, my manager agree to relieve me early,

 

But now in full and final settlement they are making recovery of notice period of 30 days.

Now, how can I avoid that recovery, Kindly suggest it's urgent 



Learning

 3 Replies

Real Soul.... (LEGAL)     01 September 2023

Since you have not served the Notice period in company and as per your agreed terms the compensatin is due and that is clear

P. Venu (Advocate)     01 September 2023

yes, there is nothing unjust or unfair in recovery of salary in lieu of Notice period .

Advocate Bhartesh goyal (advocate)     01 September 2023

Both employer and employee are abide by terms and conditions of employment agreement and as per terms and conditions of agreement you had to serve one month notice before resigning the service which you didn't so employer can recover one month salary from you.


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