(Guest)

Unserved Notice Period - What could be the Legal action???

Hi All,

I had joined an organization on 8th June 2010, my salary was credited on the 30th of June 2010. Unfortunately, I had to leave Chennai and go to Bangalore due to an emergency on the night of 30th. I sent a mail to the HR at 1am on 1st July stating that I would not be able to continue working from 1st July 2010 as my return was unscheduled.

Next day I received a mail from the HR stating that I need to pay one month salary in lieu of notice period.

I had sent my mother to office next day so that the only property I held that belonged to the company i.e. the temporary id and access card could be returned. The HR accepted the same and my mother requested for the waiver.

2 days later I again received a mail stating that my request has been denied and I need to pay 1 month salary by 7th July 2010

In my next mail, I expressed interest to join back the company from tuesday 6th July and that my absence from 1st to 5th that included a bandh and a sunday could be considered as leaves.

The concerned HR copied a line of my first mail and sent that it was me who told that I wouldnt be able to come, so they are now not interested to take me back and that I have to pay one month sal to avoid legal action.

I replied that if my first mail was taken so seriously, why wasnt the second where I mentioned that im ready to serve the 30 day notice as per the appointment letter.

Now again I received a deadline to pay by 14th July else they would go legal, I replied stating that I wouldnt pay as i was and am ready to re-join as things got better on the personal front.

MY QUESTIONS NOW ARE;

1) WHAT IS THE LEGAL ACTION THEY CAN TAKE?

2) HOW CAN I DEFEND IT?

3) CAN I JOIN SOMEOTHER CONCERN NOW THAT THEY ARENT ACCEPTING ME BACK?

4) I NEVER RESIGNED OFFICIALLY OR NEVER GOT AN ACCEPTANCE OF RESIGNATION, I JUST SENT A MAIL

5) I RECEIVED SAL FOR 23 DAYS FROM 8TH TO 30TH JUNE...THEY ARE ASKING ME ONE MONTH SALARY

6) PLEASE HELP ME, WHAT SHOULD I DO???

Regards

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6 Replies

mahendrakumar (marketing) 10 July 2010

it all depends upon the terms of appointment.

once you had sent a resignation mail and the companies reply for the notice pay can be treated as an acceptance from their end.

it may seem unfair,however,you are bound to pay them notice pay if mentioned in your appointment letter.

try to settle the issue with HR amicably. without their cooperation,legally fighting and joining back their for notice period work wont be a safed thing.

G. ARAVINTHAN (Legal Consultant / Solicitor) 10 July 2010

salary you have to pay for a month is in lieu for the notice period. Why not you explained your emergency visit to Bangalore? what if you disclose?

(Guest)

Don't worry till you get the notice. HR people aren't going to type the notice and send it to you, usually the matter is forgotten because of the legal expense and hassle. Next time, simply say that you had to leave because of an emergency and let them wait till the situation is clear. You're lucky to get your salary on 30th before leaving.

R.Ranganathan (Advocate) 26 August 2010

If you are really interested to join then be cordial and settle the matter amicably asking for some lenience explaining the reasons for your sending the first mail stating therein that you could not continue in the company. The position you had held should have some responsibilities, so it was unfair on your part to just all of a sudden leave and then again ask for pardon when asked to pay notice pay. I don't think what Uma has stated is correct. Company have some well defined principles and standards which they have to maintain at all costs. So to avoid any such incidents like yours, the company will go in for all types of legal actions. Further you will find it difficult to get any employment is higher cadres if you maintain such type of behaviour. So go in for compromise. It is the best available solution.

Basavaraj (Asst, Manager-Legal) 26 August 2010

No companies will accept this kind unfair advantage.

As per your appointmetment lettet you should have served one month noitce if you want leave the company otherwise you should pau one month lieu salary.

It is prima facie shows that you have given your regisgation after creadting your salary in your account. This is big mistake on your part as weel as unfair practice adopted you u and cannot be excusebale.

When you send your mother to produce all ur belegongs, can't you request that you will work or give one month salary to the company.

Now at this stage the company can send strong legal notice to receovery the salalry as per appointmement letter.
Then you will have to face undesribel legal proceedings from your company.

please aviod and settle it amicablly.

Regards

Basvaraj.R

BHASKARAN P NAIR (MANAGER [PERSONNEL]) 06 November 2010

Ref. notice pay claim from your company. If you joined only 3/4 months back your appointment shouldbe on probation. However, if you were taken with the condition of one month's notice, the Company is justified in asking for notice pay. You have not explained as to what was the situation that prvented you from continuing in service and you had to leave the city at midnight.

In the normal course, if your case is genuine, no company will proceed against you. It is also not

worthwhile to fight it out in the court for one month's pay because the legal cost would be prohibitive and time consuming. So hope for the best.

P. BHASKARAN

MANAGER [SALES ADMIN.& PERSONNEL.]