Legal Question in Employment Law in India

So, I have received a legal notice from my employer about not serving the entirety of the notice period and thereby they are asking me to pay a sum of money. I had informed that I would not be able to serve the three months of notice period, due to family emergencies and unforeseen circumstances and also gave them the option to ensure that I can do a proper business handover for business continuity. There was no bond signed between the employer and myself except the appointment letter. Also, they are blaming me for gross negligence during the course of my tenure with them for three years. I wanted to know the legality of such claims and the way around it.


Asked on 3/01/17, 10:18 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

02.03.2017

Dear Sir / Madam,

Although I am quite sure that I have already answered this very query earlier, I will answer it again for the purpose of brevity. The employer cannot turn around after you have resigned from the Company and now accuse you of having committed gross irregularities, simply because they ought to have warned you from time to time if you were going wrong. If your Appointment Letter specifically permits you to buy the notice period not served by you in the Company, in my opinion you should exercise that option, especially if you have already secured a better option in terms of a job or business elsewhere or you are venturing out independently on your own.

Regards,

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Answered on 3/02/17, 1:54 am


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