One of my friends resigned from his company 2 years back due to health concerns and had to leave immediately as he was in critical condition. He requested for an immediate release although the official notice period was of 30 days and the basis of the discussion with the manager and HR immediate release was approved over email.
Post 10 days from getting out of the company he received an email from HR stating he has to pay money for not serving notice and has to pay back a month’s salary to the company.
As he was in a critical stage he couldn’t get back to the company at that time. After 2 years now they have sent an email again asking for the money and have mentioned legal actions will be taken if the money is not paid. How best can he go about this situation?
From India, Bengaluru
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Post 10 days from getting out of the company he received an email from HR stating he has to pay money for not serving notice and has to pay back a month’s salary to the company.
As he was in a critical stage he couldn’t get back to the company at that time. After 2 years now they have sent an email again asking for the money and have mentioned legal actions will be taken if the money is not paid. How best can he go about this situation?
From India, Bengaluru
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Strictly speaking, as per the terms of the contract of employment, the poster's friend should pay the notice salary as demanded by his management, at least to keep his employment record clean for the sake of future employment.
Had his management relieved him immediately due to his prevailing health condition, then with a waiver of notice, it is a different matter as of now. It would be advisable to check the relieving orders.
Of course, your friend can request a waiver now based on the length and quality of the service he rendered to the organization.
From India, Salem
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6108Had his management relieved him immediately due to his prevailing health condition, then with a waiver of notice, it is a different matter as of now. It would be advisable to check the relieving orders.
Of course, your friend can request a waiver now based on the length and quality of the service he rendered to the organization.
From India, Salem
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As Umakanthan sir has said, you need to read the relieving order carefully. Since you have not shared the same, we can only be guessing.
If the relieving order specifically says that they are accepting his request for being relieved immediately and does not specify that he has to pay the notice pay, then it is assumed that they have agreed to him leaving without serving notice and without paying for the notice pay.
It is possible the legal department or those following up for absconding employees are not aware of the approval given by the HR department. Maybe all you need is to respond to them showing the relieving order.
However, in view of the circumstances, I would suggest you take the opinion of a lawyer to ensure that what you do or what reply you give does not create a legal problem for you in case the matter goes to court.
From India, Mumbai
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If the relieving order specifically says that they are accepting his request for being relieved immediately and does not specify that he has to pay the notice pay, then it is assumed that they have agreed to him leaving without serving notice and without paying for the notice pay.
It is possible the legal department or those following up for absconding employees are not aware of the approval given by the HR department. Maybe all you need is to respond to them showing the relieving order.
However, in view of the circumstances, I would suggest you take the opinion of a lawyer to ensure that what you do or what reply you give does not create a legal problem for you in case the matter goes to court.
From India, Mumbai
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You need to compare both the mail received from the employer prior to release and post-release for a better understanding of the case. The employee should write to HR mentioning that the release was approved without asking for notice pay, attach the copy of the email (if it is in that line) or explain that the employee is not in a condition to pay as he is critical or ask to adjust the amount against the receivable on account of F&F. The employee also has the scope to fight legally. He needs to explore ways in which he can challenge the employer. Therefore, it would be better to consult a lawyer with the documents to understand the best remedies available to explore.
From India, Mumbai
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From India, Mumbai
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