Resignation without notice period
Querist :
Anonymous
(Querist) 25 January 2010
This query is : Resolved
I was working with this company for one year.
i have left the company in Dec'2009.
Initially i gave them notice of 3 months, but i couldt complete that, so i served only for 20 days.
I have not received any acnowledgement of my resignation nor any final settlement.
Now they are planning to take a legal action against me.
can they do that?
They are asking me to pay three months salary.
Cant you please tell me what is the calculation, do i have to pay full salary for three months or only basic salary of three months?
Please help.
Devajyoti Barman
(Expert) 25 January 2010
Was there any service contract between you and the company. If yes then you have to be guided its terms and conditions. Else the onus is upon them to satisfy that you violated the service agreement which can be taken care of in the court of law.
Raj Kumar Makkad
(Expert) 25 January 2010
The terms of service contract shall prevail in your matter. If you have violated it then be ready to fac its consequences.
B K Raghavendra Rao
(Expert) 25 January 2010
You have erred. You ought to have given three complete months' notice, if it is in accordance with terms of employment, before resigning and taken acknowledgement for your resignation letter.
Now they are at liberty to initiate action (money recovery action and not legal action) for recovering salary i.e basic plus dearness allowance for a period of two months and ten days from the amount payable to you.
Querist :
Anonymous
(Querist) 25 January 2010
I have not signed any bond with them.
They have mentioned into the appointment letter that i have to give three months notice or have to pay the three months salary.
Now they are asking for 3 months full salary & not the basic + dearness allowance.
It is correct?
niranjan
(Expert) 25 January 2010
There is no question of signing any bond,but while accepting the appointment letter you aceeded to their terms and accepterd the job,you are supposed to adhere to the condition.
Querist :
Anonymous
(Querist) 25 January 2010
Ok. Can any body please provide claculation of notice pay.
My basic salary is Rs.5500/-
& no DA is mentioned in the appointment letter.
Raj Kumar Makkad
(Expert) 26 January 2010
Salary means complete salary. You will have to deposit it or should have to face legal action.
B K Raghavendra Rao
(Expert) 26 January 2010
A salary would have many components in it. The basic, dearness allowance, conveyance allowance, house rent allowance etc. Of these, salary in accordance with the industrial law means only salary plus dearness allowance. Here in your case, you need to pay Rs. 16,500/- only @ Rs. 5500/- per month.
Querist :
Anonymous
(Querist) 26 January 2010
they' not paid my bonus and LTA.
cani ask them to adjust the same against notice pay?
also can i adjust paid leaves also?
