Legal Question in Employment Law in India

Sir,

I am working in a software company from last 11 months.There are three main clause in my appointment letter as-(1)In case you refuse to be transferred, this refusal shall be construed to be a major breach of terms and conditions of your appointment and service contract.In this eventuality the company shall be fully within its right to terminate your appointment and recover the service contract amount invested by the company in your training.(2)You will be on probation for a period of 6 months.During the probation period, you will be working as a trainee. Training which will be imparted to you could be either classroom training or on-the job training.(3)After confirmation, the duration of notice period will be 60 days from either side. No relaxation in notice period will be permitted.

Sir, I was not given any training and there is no option of salary in lieu of notice period.If I resign from the company giving less than 60 days notice period ,what will be the consequences?Is it legal not giving salary option in lieu of notice period?Please advice me ,what should I do?

regards

b prasad


Asked on 9/14/14, 6:59 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

15.09.2014

Dear B Prasad,

If you do not serve the 60 days notice period, the Company might recover salary for the shortfall in the notice period from your full and final settlement dues. Yes, it is legal not giving salary option dues in lieu of notice period. Please also read termination clause of your Agreement. You should serve one month's notice period and forego the other month's salary.

Regards,

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Answered on 9/15/14, 4:28 am


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