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Appointment Letter Vs Confirmation Letter - CiteHR

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mdabdulsajid@gmail.com
Hi,
i have doubt regarding Appointment letter and Confirmation level.
The issue is appointment letter has 2 Annex. Where the Annex.A says that if i quit company within 6 months then i have to pay 1 lac or if i quit after 6 months but before 24 months then 1.5.
Now after 6 months i got confirmation letter which says that if want to quit then have to serve 3 months notice period or pay salary equal to 3 months and it also says that Annex B of appointment letter still applicable.
Now i sent a resignation email to the company and mentioned that i have a financial problem and requested them that i will pay the required money.
in reply to above they have sent a letter from advocate asking me to pay 1.5 lacs.
my question is am i liable to pay 1.5 lacs ? which letter prevails over ?appointment or confirmation?
moreover the FIRM is not deducting neither TDS nor PF.

From India, Hyderabad
riteshmaity
243

No you are not liable to pay any money (1.5 lacs) as per the bond/ agreement as such bonds/ agreements are itself illegal. Through bond/ agreement company can only recover the exact amount of money spent on any special training of the employee and nothing else. Apart from that the Supreme Court has made it clear that a company cannot hold its employees from leaving the company and even joining a competitor.
Since you have already received a legal notice, it is essential to consult a lawyer dealing with labour matter and promptly reply to the legal notice.
Check my blog at www.labourlawhub.com

From India, Kolkata
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