Legal notice by employer for not serving notice period
Querist :
Anonymous
(Querist) 06 June 2018
This query is : Resolved
Hi ,
I have received a legal notice by my employer for Not Serving Notice period , they have asked for 1 lakh Rupees and 15,000 as legal fees .
The details of my leaving are as follows -
Date of resignation - 25th Jan 2018 .
As per appointment letter I have to serve 1 month notice or pay 1 month basic pay , which in my case is 23,333 . I was still on probation .
My CTC was 8 lakhs , and inhand salary was about 62744 . I was not paid January Salary .
My actual reason for leaving was Mental Harassment by my Superior , Who verbally told me to resign and I did .
Please guide me how should I take this Matter .
Regards
Guest
(Expert) 06 June 2018
In an appropriate reply to the notice, you may pay one month's salary in lieu of notice pay, as due according to the terms of appointment. Otherwise, get your offer letter/ appointment letter examined in detail by some service laws expert before sending any reply to the notice.
Ms.Usha Kapoor
(Expert) 07 June 2018
YOU MENTIONED IN YOUR VERSION THAT YOUR EMPLOYER DIDN;T PAY YOUR JANUARY MONTH SALARY. WHILE GIVING LEGAL NOTICE TO YOUR EMPLOYER YOU MENTION THIS IN LIEU OF ONE MONTH PAY BEFORE RESIGNATION YOU HAVE ALREADY SATISFIED AND HENCE RELIEVE ME.
OR SEND THE LEGAL NOTICE THROUGH A SERVICE LAW EXPERT.
P. Venu
(Expert) 07 June 2018
You reply to the Notice requesting that the Notice Pay may adjusted against your pay for the month of January and balance credited to your account. In this context, CTC is of no relevance; it is an imaginary figure.
