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Not Serving Full Notice Period - CiteHR

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littlemaaster
Hi,
I am a IT professional and i recently quit my job ther is some questions, but first pls chek the status:
- i joined this company in january 2010
- i resigned in july recently with notice period of 1 month
- actual notice period mention in appointment is 3 months
- after discussing with HR, they told me i hav to serve for 3 months notice
- but as i hav joining date in august i cant serve this
- i asked for solutions but i came to know that company is not giving any salary in notice period and i cant work for free
- i stopped going in company and stayed at home
- now i am getting threatening calls that they will take legal actions against me
- as i hav some family issues also i told i cant come in office but still can work from home and give full support instead of traveling for 6 hrs both ways towards company.
my questions
- pls tell me what action company can take
- and what solution i can give or reply i shud give to company...

From India, Mumbai
Satpreet Kaur
34

Hi Littlemaster,
Kindly go through your offer letter if there is a provision of sacrificing the salary in lieu of notice period and get the same amount settled in your F&F and further discuss with your new employer if he is ready to buy your notice period amount.
Also check for other legal obligations mentioned in your offer letter that you may have to suffer if you do not serve notice period and specify on post.
As per my understanding, your management can also stop your experience certificate.
Regards,
Satpreet

From India
zareen.jeelani
If the person is serving full Notice Period, then whether it is justified to make that person work without pay for three months? Because as per my knowledge the company is liable to pay him the salary for the Notice Period.
Please clarify and also please provide if there is any law under Labor Law in favour of this (i.e. Non deduction of Salary of the Notice Period, in case, the person has served full Notice Period)

From India, Gurgaon
zareen.jeelani
If the person is serving full Notice Period, then whether it is justified to make that person work without pay for three months? Because as per my knowledge the company is liable to pay him the salary for the Notice Period.
Please clarify and also please provide if there is any law under Labor Law in favour of this (i.e. Non deduction of Salary of the Notice Period, in case, the person has served full Notice Period)

From India, Gurgaon
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