Hi, I left my company without serving a notice period of 30 days (I was on probation). Now they have sent me a letter saying I need to pay Rs 2,00,000 for the company notice. Otherwise, they will take legal action.
In the appointment letter, there are several clauses for separation. However, this separation happened due to medical conditions, and I was not in a situation to serve notice. The company also provided an immediate same-day release in March 2022.
But now (in December), they want me to pay for notice period remuneration. What is the best way to handle this?
From India, Ghaziabad
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In the appointment letter, there are several clauses for separation. However, this separation happened due to medical conditions, and I was not in a situation to serve notice. The company also provided an immediate same-day release in March 2022.
But now (in December), they want me to pay for notice period remuneration. What is the best way to handle this?
From India, Ghaziabad
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This is a debatable point. According to the contract of service, you are bound to serve the notice period of one month or pay for it. The company has a legal right to claim the money in this scenario. On the other hand, if the company has accepted your resignation and relieved you on the same day without asking for the notice period, they are precluded from raising this demand, especially after nearly 8 months. This is based on the legal principle that a party cannot blow hot and cold at the same time and the Doctrine of Acquiescence. It is an equitable doctrine that applies when a party having a right stands by and deals in a manner inconsistent with that right while the act is in progress and after the violation is completed. This conduct reflects assent or accord, and the party cannot complain of a violation.
From India, Mumbai
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1593From India, Mumbai
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Hi, on what medical grounds did you leave without serving the notice period? If you have a valid medical reason supported by proper medical proof, you can reply to the letter with all supporting documents.
From India, Madras
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From India, Madras
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I agree with both the points shared by Mr. V.M. Lakshminarayanan and KKHH. However, I am still out of a job due to the same medical reason and am not in a position financially to take on this additional financial burden. How can I let this situation pass?
Company Termination Details
1. The company terminated my employment on the same day.
2. I have already returned the laptop and bonus amount that were requested for reimbursement at that time.
3. What are the consequences if I do not take action on this matter?
From India, Ghaziabad
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Company Termination Details
1. The company terminated my employment on the same day.
2. I have already returned the laptop and bonus amount that were requested for reimbursement at that time.
3. What are the consequences if I do not take action on this matter?
From India, Ghaziabad
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GST ON RECOVERY OF UNSERVICED NOTICE PERIOD.docx
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