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Maddie (ABC)     11 August 2012

Not serving the notice period

Hi,

This is fr my brother. he was working in a company for 2.6 Months, he had signed the appointmnet letter stating of 2 months probationary period. Because of harrassment and the way business is run he want on a leave for 10 days and he put down is papers(he never said he will not serve the notice period). The HR replied to handover the assests. Since he was harrassed.....he sent the asstes through his collegue. Later 5 days the HR requested to come and close the exit formalities. By that moment he left out of the country and he spoke to HR she said its fine not to worry,

After 1 month he received an email from HR for Breach of contract anfd to pay 10 lakhs. He also said he will pay the Notice period, but he failed. Please advise what to do. The Manager has informed he will blacklist the candidate in NAsscom. 

Now, that he his in abroad the Notice went back to the lawyer and the lawyer mailed him the notice. Please advise what to be done?



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 August 2012

Consult an advocate who would help you draft a reply to their legal notice, after perusing very closely the initial contract between your brother and the company. 

JANAK RAJ VATSA (ADVOCATE)     11 August 2012

the terms of contract signed by your brother at the time of appointment will have to be perused before any effectual advice. however, if the notice period given in the contract can be offset by paying the compensation, then he should do so. reply the legal notice after due application of mind by engaging a lawyer

surjit singh (Assistant)     11 August 2012

I go with the advice of Mr Janak Raj, since your brother is aboad ask for some time in your reply. Please see there must be an arbitration clause in your contract.


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