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vijay (Sr Audit Executive)     25 January 2010

Resignation

Dear Sir,

I have been working with organisation where i have signed a agreement for 2 year and the agreement has expired and now i would like know if resign from my job should notice period is compulsary

Since i have resigned my and they have deducted my one month salary

i there any chance of proceeding legally against the company

please let me know

thanking you

 

 

 



Learning

 4 Replies

Smita_L01042008 (student)     25 January 2010

kindly clarify the fact and clauses of agreement between you and company on termination or any such provision is mentioned.

 

however, it is common sense that the company has no point in initiating legal procedings against you as you are are resinging from job as no employer can hold the interest of employee and make him work against his wish. there is no benefit or advantage to the company for doing so.

however, it is a priliminary thought from mare assumption of your concern is limited to resignation from job and there is no liability/ charges etc on your part.

so you take proper legal advice on basis of your agreement with company

Rama mohan Acharya (Manager HR(Legal))     25 January 2010

Dear mr. Vijay

If the appointment offer had a condition of notice pay then u are required to give the notice otherwise it is not necessary. Further, as u have mentioned that u have aleady resigned and employer had deducted one month's salary ,thereafter u can only proceed legally provided no such condition is there either in the appointment offer or any rules  of the company binding on u.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     26 January 2010

I do agree with sam.

mahesh kumar yadav (Advocate)     27 January 2010

Hi,

as the contract is only for 2 years, as it is expired it is not necessary to give one month notice to the company, if company has deducted your salary for that reason then first send legal notice to the company for recovery of amount, then if no replies comes from your company  then  you can file a case for recovery of money


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