Legal Question in Employment Law in India

Hello,

I have given one month notice period in my present organization but my appointment letter mention that I will have to give 3 month notice period.

They haven't mentioned that I will have to pay the balance amount if I will not give resignation before 3 month but on the last day when they had already accepted the resignation, now they are asking me to pay the balance amount of 2 month If I want to leave so please confirm If I can tell them that why you haven't mentioned this before.

They verbally accepted the resignation and they issued me the confirmation letter of Oct in Dec and the same is issued after resignation handed over to the HR.

Can I ask them any legal question


Asked on 12/29/14, 10:24 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

31.12.2014

Dear Sir / Madam,

If there is a condition in your appointment letter that the notice period is 3 months, it is implied that you will have to pay the basic salary for the duration of notice period not served by you. Nevertheless, you can politely request the HR Department that this clause should have been specifically mentioned in your appointment letter, and since it has not been mentioned, the same should not be made applicable to you.

Regards,

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Answered on 12/31/14, 3:22 am


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