Insolvency N Gst Professional
Compliance Manager
Network Engineer

Hi All,
My wife resigned job and serving notice period of 30 days as per company policy.she working in small IT firm...She completed 9 months and now on notice period.She not signed any bond with company but on company oppointment letter just mention 1 line in terms and conditions EMPLOYMENT TERM MINIMUM WILL BE 1 YEAR.
But now they people asking her to pay 3 months full salary to company because of she not completed 1 year term.but on oppointment letter this things not mention then also they demanding if you want to relieve then pay 3 months full salary.
We asked them to give all demands in written but they are not provided on mail.
Please help what to do now?
Can this legal with out mention any terms they demanding 3 months salary?
Please help.
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Give proper details.
Does the terms and conditions specify one year minimum and one month notice for exit?
Reproduce the relevant terms of your appointment letter(not oppointment letter as you have written) for perusal of HR experts of the forum.
The demand on the face of it appears illegal.
Did you give resignation on email or in separate written form?
Decline to pay 3 months notice pay as claimed by them and give a proper letter drafted by a competent advocate asking for proper release and F and F.
Yes she serving notice period of 30 days...On oppointment letter its mention 1 year is the minimum term of employment.
Resignation sent through mail to HR and manager.
As per company policy notice is only 30 days.
The policy is wrong as company is indirectly having a bond system of one year which is against principles of mobility of labour and free choices.Employee needs to take it up through a local lawyer working in labour law field.
So I need to check with advocate??
Or can I drop mail to HR as mention this is not policy and you demanding to pay e months salary which is unprofessional.
You can write a polite letter to the company but it is always better to consult a local lawyer, show him the documents and then frame a rely.Ideally you should have objected when this was seen in the appointment letter regarding one year minimum service.
Idea is to get a clean release and get demands from company dropped.Lawyer can advice you better.
Thank you so much for your advice
You can simply attach the appointment letter and highlight the line in soft copy. And tell them clearly that as per the company policy she has served 30 days and tell them that what you are doing is unprofessional. You can say them verbally that we have to proceed LO.
Hi, as informed in one of the responses, you just highlight the notice period clause and inform that the employee is presently serving the same and expect all the necessary formalities will be completed at the expected date of relieving. There is no point in jumping into legal aspect at this stage, just inform that you would be much obliged if all the required docs along with the full and final settlement is completed as you need them to move forward in your career. Even if it ends up in a court [god forbid] you need to show that you have tried to solve the issue amicably without rushing to the court or for that matter labour court. Be practical and have patience. Send a letter or two, including the second one as a polite reminder before you explore the other 'possibilities'.
Advice is to get a letter drafted by an advocate and not to send a legal notice.
When a lawyer drafts the letter he will cover all legal angles and be the basis of subsequent legal actions(hopefully it should be sorted out)
Legal proceedings are always last resort as law is too slow to assist ordinary petitioners and by the time relief is granted it will have no practical utility as such.
Fundamentally the company has a bond policy disguised as one year minimum period, which will not be accepted by Courts.

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