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Can penalty be levied on an employee who refused to work for a new project after he has resigned ? - CiteHR

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Shai89308

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Ammu Shanvi

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G SHASHI KRISHNA

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srikanth-ramalingam
Hi All,
I have been working in this company for the past 3.5 years and i had resigned on 26th December 2018 after i was rejected by the client A for which i had interview earlier that month .on Feb 8th 2019 i received a mail and call about project discussion where i was being persuaded to withdraw my resignation and work for a year in the new project at the client B location .Both Client A and B are same clients but with different locations .Now they wish to impose high penalty even more than my three months salary .They have witheld my 4 months of salary .Is this even legal ?

From India, Chennai
Kritarth Consulting
200

No Doubt, Employer has the Pregogative/Right to accept or Not Accept the Resignation tendered by a Person employed by him/her but this Priviledge/Right is not at all Absolute or Arbitrary under Employment which is a Contract between Two equal Parties. The Acceptance of Resignation is regulated by the Period of Notice to be given by either Party. So, the Employer operating/ honouring the Contract need to act and it will be Unilateral to force the Employed Person to accept other Assignment during the operation of Resignation Terms & Condition whic will not Withstand Scrutiny of Laws.Hence Unlawful
Kritarth Team
11.3.19

From India, Delhi
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