Full and final settlement
YK
(Querist) 19 March 2013
This query is : Resolved
Dear Sir/Madam,
I have joined a company ABC (in India) on June 2011, through that company I was moved to Dubai on June 24th 2011. After going to Dubai I got some health problem due to which I am not able to stay in Dubai, then I requested my HR to move me to India. But HR has not agreed for that, then I applied for 2weeks leaves and came back to India on July 24th 2011. After 2weeks I called my HR and requested him to transfer me to Hyderabad, but he did not agreed for that. Then he told me to resign and serve 3months notice period at Dubai. As my health is not supporting for Dubai environment, I told him that I am not able to serve notice period at Dubai, instead I will serve the notice period at Hyderabad where I was recruited, but he did not agreed for that. After that I got a termination letter on 14th Dec 2011 stating that I have to pay notice period amount.
After 1.5 years on March 18th 2013, I have received a legal notice from the company that I have to pay notice period amount.
Can you please let me know, do I need to pay notice period amount.
Devajyoti Barman
(Expert) 19 March 2013
Ignore such notice and concentrate in your new job.
Raj Kumar Makkad
(Expert) 19 March 2013
I do not advise to ignore as civil suit for recovery may follow the notice. It is better to amicably settle the issue otherwise it may definitely disturb your current employment.
Kumar Doab
(Expert) 20 March 2013
Learned experts/members have given valuable advice. Kindly follow it.
The company has initiated termination and company is demanding notice pay. This is a bit strange.
Therefore you may show the standing orders of the company, appointment letter, termination order, and recovery notice to a competent and experienced labor consultant/service lawyer.
Did you sign any agreement/foreign travel bond etc with the company while you traveled to Dubai?
Did the company send you to Dubai by affecting a transfer order?
Did you submit the request to transfer you back to India with proof of medical disorders suffered by you at Dubai?
Did you submit notice of resignation and serve notice period or you resigned with immediate effect or you did not resign and company terminated you citing some misconduct?
You may share all details with your lawyer and proceed under expert advice of your lawyer.
