Notic Period & Resignation terms & conditions

Querist : Anonymous (Querist) 11 February 2010 This query is : Resolved
Dear Sir

I was working in a Pvt. Ltd. compony. Due to their herasment and over berdon of work, i gave the emedeate resignation. In over appotment letter the notic period is of 1.5 months. But They never collect the singed copy from me and also there was no any point mensioned that in case the notic is not given by any one the sallary of that period deducted from his Account. Now i wants to know that Is this mantioned in law that if the notic period is not given then there is sallary recovery from the account of empolee.

Thanks & Regards
Deepak Rana

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A V Vishal (Expert) 11 February 2010
It is not in law but it is mutually agreed through a valid agreement to the terms of your employment to the clauses under which you are claiming immunity, non return of document is not a criteria but you willingly worked with them for a certain period of time. In your case the employer is justified in with holding the salary for not giving the notice as required. Hence advise you not to pursue the matter further or you may end up in trouble.

Theja (Expert) 11 February 2010
You described about a provision requiring a 1.5 month notice upon resignation. You also mentioned that a failure to give notice is not indemnified.Though the letter does not provide that the salary of the employee may be deducted against that employee, upon failure of giving notice to the employer; it only means that the damages in that case are not liquidated and the employer may have right to any kind of damages that the court may think fit. I finally agree with A V Vishal.

B K Raghavendra Rao (Expert) 11 February 2010
There is no law in such terms. However, it is between you and the management to settle the issue. Just because your employer did not collect your acknowledged copy of appointment letter, you cannot take shelter under that. You would be bound by the terms of employment in practice.

Therefore, it is advisable that you take up the issue through your trade union, if you have one, or talk to the Managing Director directly and request him for favour.

Raj Kumar Makkad (Expert) 12 February 2010
I go with rao.

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