Saswatabanerjee
Partner - Risk Management
Kamalkantps
Advocate
+1 Other

Thread Started by #kiran1989

i put my resignation on feb 3rd and was released on the very same date as company dont want me to continue as i was on bench. now company is asking me to pay bond amount + notice pay recovery amount . should i have to pay this notice pay recovery amount as i didnt got any salary for the notice period(which is from feb 3rd to march 3rd) as i was released by the company before that?does this notice pay amount actually means the basic pay during that one month period?
2nd April 2013 From India, Delhi
I believe you are being taken for a ride. What was the content that you put in the resignation letter, any idea?
3rd April 2013 From United States, Arlington
If the company has voluntarily relieved you, then they can not ask you to pay notice pay.
You were willing to work but they did not want you to work. They relieved you to save on the salary cost. How can they ask you to pay for notice pay ? I assume you were ready to serve notice pay.
Reply t the, giving details clearly showing that they relieved you and you were willing to work
3rd April 2013 From India, Mumbai
Dear Kiran
Pl. Note
# In your resignation letter, which was the date of reliving, you had asked for?
If company has relieved you before the date you had asked for they cannot recover "notice pay" amount from you.
# What is the provision of "Notice Period" in your appointment letter?
If you had asked for early relieve (before completing the notice period mentioned in appointment letter) you are bound to pay the notice pay amount.
# Have you signed any "Bond"
If yes, generally you are governed by its terms
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
3rd April 2013 From India, Mumbai
Thanks for your replies.
i actually was not ready to serve the notice period as i want to prepare for my studies. so I mentioned in the resignation letter i can come up with further procedure only by march 3rd.i thought of paying the notice period after getting the salary for that particular period along with the bond amount. But they released me on the same date. between i was on bench during this period .
3rd April 2013 From India, Delhi
Dear Kiran,
As far as the notice pay is concerned yes Saswata is right in saying that they can claim that from you. However as far as the bond amount is concerned it all depends upon the law of the land and we should look for if the bond is lagally valid and enforceable or not. Please answer these simple questions in order to enble us to analyze your situation.
1. What is the Bond Amount
2. Did they gave you any sort of training in lieu of the bond.
3. If yes, did they informed you in advance before the training that they will get the bond signed from you in lieu of the training imparted.
Waiting for your answer.
4th April 2013 From India, New Delhi
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