Notice Period For Leavers - CiteHR
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Sadashiv Rao
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Is there any legal precedding if notice period is mandotory to be served and not deduct salry amount.
If an employee leave an organisation without either serving the notice period or paying salary in liue of shortfall of notice period a civil case can be raised agaist the employee in court of law. Under normal circumstances in every appointment letter the clause of termination of services from either side is mentioned. If employee has accepted the terms of employment mentioned in the appointment letter in writing the Under this clause a legal action can be initiated against the erring employee.
Anil Anand

hi Solly,
to answer your question this notice period from the employees end before leaving will depend upon the clause in the appointment letter .In case the same specifies that one month notice is to be given at the time of leaving then the employee has to adhere to the same.
The company has the right to deduct the salary for the period not specified by the employee & if the employee leaves without informing then the salary for the period worked can be with held by the company.
Best Regards,
Sadashiv Rao 8)

I would like to know few things
I was working with Say Company X. I left the organisation without serving the notice period. I had given the Resignation letter. I didnt got the releaving letter also. Now i joined in another company Say Y. In company Y i informed that i am releaved from my previous organisation. Now
In Company Y I had filled and submitted the form for the PF Tranfer. I would like to know whether my previous company will inform my present company any thing about my releaving.

If I was HR Head of Company 'X', I would definitely write to Company 'Y' on this subject because it is a breach of trust not only with Company 'X' but Company 'Y' also (because you have told Company 'Y' that you were relieved by Company 'X').
If you had fulfilled your side of commitments and still Company was not relieving you, then it would have been fine to join Co. 'Y' without getting relieved, but from what you have stated it looks that you have not done so.
Again if I was HR Head of Company 'Y', I would take it seriously because if you can do it with Co. 'X', you can do it with Co. 'Y' also and ultimately both are employers.

In this case I served only less than 6 month in company X and i served for 15 days after giving the resignation letter. I my offer letter there is no specification regarding notice period. i got an appointment letter which i got just before leaving which i didnt sign and returned in that he notice period is mentioned as 1 month. More over i completed all my duties and handed over all documents to my superor before leaving.
what i want to know is if we give the filled form for PF transfer in Company Y, whether they will contact directly with company X for any purpose, or the pf transfer communication will happen only through PF office.

Company 'Y' will contact Company 'X' only if they have doubts about any of your declarations, like salary details etc.. But Company 'X' could write to Company 'Y' that you have joined Company 'Y' without getting relieved from Company 'X'. In that case you shall have to explain correct position to Company 'Y' that on the date of your resignation there was no condition of notice period and therefore you have done no wrong.

Hi krishnan,

I understand that an employer can deduct a part of the salary if the notice period is not served.......or infact withheld the entire salary if the employee leaves without informing.

I would like to know what happens in the following case:

Say a company doesn't have formal hr policies that it practices in terms of serving notice periods and all.....

In this case if an employee leaves the organization due to unhealthy atmospher at the workplace, after serving one week of estimated one month notice period that he needs to serve. He has submitted his resignation to the director which gets accepted also. The director or the joint m.d dont bother to take over the work that the individual is doing and there is only person who is competent of understanding the responsibilities that this employee is handling.

The employee does his part of handing over the work to the other employee and informing the directors about the same.......

IN this case can the employer withheld the entire months salary (yes the employee has worked for the entire month).....

What are the legal steps that the employee can resort to and is it justified that an employer treats an employee in this way./........


Nice question put up !!
Well as now u are with th new employer , they would abviously at any point of time can check with ur present employer for th PF details so that they can smoothly carry forward your PF saving account if u hav opted for ths same here too. Ur previous PF annt no. wld be also reffered for the same. No other issues .
Rgds, Bessy

Dear Friend,
Although I am unable to give the exact information you require, Kindly click on the following link, it will give you some required information,
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