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arun vidhyarthi (XYZ)     22 June 2012

Notice period shortfall amount for unpaid salary

Hi,


I was working for a private firm and I took sabbatical for 6 months to join my wife in US from October 2011. I was not paid during my sabbatical. My Sabbatical ended on May 2012 and due to personal reason I could not resume my work back in June 1st 2012. I got an email from the HR as an abscondee notification and after serious discussion I decided to resign. I resigned from my position on May 31st  2012. Now to proceed with the exit procedure they are asking me to pay a 3 months notice period shortfall amount.

1) What would be the legal implications of not paying the amount.

2) Since I was on LOP, does that count as a notice period



Learning

 3 Replies

Ajit Singh Cheema (practising Advocate)     22 June 2012

You will not get a relieving letter.You will not be in position to show work experience.It may treated as a black spot.LOP cannot be treated as notice period.

JANAK RAJ VATSA (ADVOCATE)     22 June 2012

the company may proceed against you to recover the amount thru the arbitrator/court as given in your appointment letter. you will not have any relieving letter as well as experience certificate from the company.


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