Legal Question in Employment Law in India

I joined a company on 1st of November as a Sr. Manager. As per the terms of employment, the notice period in case of exit was 3 months or equivalent amount to be paid to the company. On the third day (while I was still on induction session), I had to rush to my hometown to take care of urgent property dispute case. I dropped an email to my reporting manager informing I need to rush on an urgent basis. I got no response from him for 15 days. HR contact me about a couple of weeks later and asked me if I can join. I also got an email from my reporting manager asking if I would like to continue. I responded asking him to share the contact number so that I can discuss and as expected there was no response again. I got an email from HR after a week that they are iniating the seperation process due to non-responsiveness. I was not bothered to counter them since I faced the non-responsiveness from my reporting manager. On 2nd of January the payroll team sends me an email for the recovery of short notice period amounting to INR 2,80,000 within 15 days. I want to know what chances do I have if they file a case against me. I have alredy forwarded the email which I sent to my reporting manager and got no response to the HR team.


Asked on 1/04/13, 4:54 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

04.01.2013

Dear Sir / Madam,

When you sent the email to your reporting manager, did you not indicate in your mail after how many days would you be in a position to resume duty or that you were not interested in the job at the very outset ? When HR called you up, what did you tell them; because you certainly ought to have had the contact number of your reporting manager and conveyed your intentions to him / her. Anyway, the bottom line here is that in no way would the HR Department have paid you the two days salary that you actually worked. So, if the Company has not paid you any monies, they in turn, have no legal right to claim the short notice period amount from you. They do not have a valid case in question.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 1/04/13, 7:04 am

firstly send legal notice and after that file petition in High court

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Answered on 1/06/13, 12:37 am


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