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

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3 Replies

Guest (Guest) 22 June 2012

If you do not pay the notice period pay the company may refuse to give you the relieving letter which can have serious consequences for your future employment. The Loss of Pay was prior to you having put in your resignation. Therefore, the same will not be included in the notice period.

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.