Hello All,
I was working as a permanent full-time faculty (ON PROBATION) in a private state university for 1 year and 6 months (probation period was 2 years). As I got a better job, I gave my resignation in writing to the university. I was relieved immediately in Nov 2016 from the university after I paid the notice pay amount equal to 1 month's salary as per the conditions of the appointment letter. I also had an EPF account in this university.
However, being a responsible employee, I had already informed (VERBALLY) my department head about my intention of leaving this university job a few months in advance (as I was waiting for the new job appointment letter), which resulted in a smooth transition of my duties after my relieving from the department.
Can I demand a refund of my notice pay amount, as my relieving has not adversely affected my department or university or any of my duties? Kindly guide me on what to do. Also, kindly share any relevant judgments from the honorable High Courts (Gujarat) or Supreme Court of India.
Thanks in advance.
From India, Delhi
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2I was working as a permanent full-time faculty (ON PROBATION) in a private state university for 1 year and 6 months (probation period was 2 years). As I got a better job, I gave my resignation in writing to the university. I was relieved immediately in Nov 2016 from the university after I paid the notice pay amount equal to 1 month's salary as per the conditions of the appointment letter. I also had an EPF account in this university.
However, being a responsible employee, I had already informed (VERBALLY) my department head about my intention of leaving this university job a few months in advance (as I was waiting for the new job appointment letter), which resulted in a smooth transition of my duties after my relieving from the department.
Can I demand a refund of my notice pay amount, as my relieving has not adversely affected my department or university or any of my duties? Kindly guide me on what to do. Also, kindly share any relevant judgments from the honorable High Courts (Gujarat) or Supreme Court of India.
Thanks in advance.
From India, Delhi
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Your behaving responsibly and doing proper handing over is appreciable. But getting refund of notice period pay is not legally enforceable.
From India, Pune
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From India, Pune
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Dear Sir,
As per the notice period, he or she should work until the end of the period. Otherwise, if they skip the notice period, they will not receive the amount for the notice period.
Regards,
Sathyanarayanan
NI Consulting Services Private Limited
81, Peters Road,
Royapettah
Chennai-600014
9841874747
From India, Chennai
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As per the notice period, he or she should work until the end of the period. Otherwise, if they skip the notice period, they will not receive the amount for the notice period.
Regards,
Sathyanarayanan
NI Consulting Services Private Limited
81, Peters Road,
Royapettah
Chennai-600014
9841874747
From India, Chennai
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Dear Sir,
Even though you communicated verbally, you yourself felt that it is not valid; hence, you paid the notice period amount and got relieved. You should be thankful to your organization as they have relieved you without creating any issue. If you go through the postings in CiteHR, in most cases, people are suffering because of non-acceptance of resignations, allowing to buy back notice period, not providing relieving/service certificates, etc. In some cases, employees are even receiving legal notices.
If I am not mistaken, your new job is more attractive than the existing one in terms of financials, position, location, workload, facilities, amenities, etc., which is the reason for your job change. Considering all the above facts, please forget about the refund of your amount and enjoy your new job.
Regards,
Kamesh
From India, Hyderabad
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Even though you communicated verbally, you yourself felt that it is not valid; hence, you paid the notice period amount and got relieved. You should be thankful to your organization as they have relieved you without creating any issue. If you go through the postings in CiteHR, in most cases, people are suffering because of non-acceptance of resignations, allowing to buy back notice period, not providing relieving/service certificates, etc. In some cases, employees are even receiving legal notices.
If I am not mistaken, your new job is more attractive than the existing one in terms of financials, position, location, workload, facilities, amenities, etc., which is the reason for your job change. Considering all the above facts, please forget about the refund of your amount and enjoy your new job.
Regards,
Kamesh
From India, Hyderabad
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Dear Friend,
You are relieved from your services as per the terms of appointment for which an amount was paid for not serving the notice from your end. A mere intimation or casual information does not make any sense; it needs to be served in writing at least one month before you intend to leave the job. You cannot legally demand a refund of the notice amount. This could have been done before the payment with a request to the authority, and the authority could have waived the payment of the notice amount in the note sheet.
Your EPF account can be transferred to your present employer by obtaining/filing Form 13.
From India, Mumbai
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You are relieved from your services as per the terms of appointment for which an amount was paid for not serving the notice from your end. A mere intimation or casual information does not make any sense; it needs to be served in writing at least one month before you intend to leave the job. You cannot legally demand a refund of the notice amount. This could have been done before the payment with a request to the authority, and the authority could have waived the payment of the notice amount in the note sheet.
Your EPF account can be transferred to your present employer by obtaining/filing Form 13.
From India, Mumbai
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