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Gorav (MTS)     18 July 2010

Will I need to pay for not serving Notice Period

I'm IT professional. I joined a company on 28th Dec 2009. And, I resigned there on 3rd Feb 2010 by mailing them. Till then, I was on bench. And, HR told me to collect the relieving letter immediately, but I couldn't collect as I got ill.

But, now in July 2010, I got the email from HR of that company that I need to pay them 1 month salary, else they will take legal actions.

Now, I want to ask, even as I was on bench, an HR was ready give me letter at that time. But, now they are not ready to listen to me.

What they can do in terms of legal means?

Do I need to pay them?

 

Please reply, its disturbing me a lot.

 

Thanks



Learning

 3 Replies

Gorav (MTS)     18 July 2010

Even, I was on probation period

leena Sharma (law and law training )     29 July 2010

You need to see your appointment letter. If it contains a clause that you have to give legal notice or one months' salary in lieu thereof, then you are supposed to comply with it.

 

It is unclear whether you served for one month after sending the resignation. What do u mean by Bench. clarify.

 

and dont worry, generally we advice our clients not to take action until teh amount is very high.

venkatkrishna (AGM)     01 August 2010

How you got the information  from HR dept  that, you can collect your relieving letter.  It is important doc. Next  generally  if an employee  walks away  within probation period, there are no binding  rules.  Still it  is  matter of  terms and consitions of your employment letter.

If I am not wrong  your  word  BENCH  wrongly   typed  instead of  BED.  ( refer  last word of   first para).

You  can write a  simple  and normal letter  stating  that   you have joind  on ....  and  as per employment  letter the probation period is .........  months  and  in case  of separation  ..........  within  probation period no notice period  is to be served or  equal pay.  (  refer your  employment letter).   and request them to withdraw their letter and also request  him in your letter  not to take any legal actions  as  you cannot afford  the litigation and   you  did not any  wrong against the company.


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