Notice Period amount paid to employer, can it be refunded back to employee? - CiteHR
Nathrao
Insolvency N Gst Professional
+2 Others

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Hello All,
I was working as a permanent full-time faculty (ON PROBATION) in a private state university for 01 year and 06 months (probation period was of 02 years). As, i got a better job, so i had given my resignation in writting to the university. I was relieved immediately in Nov 2016 from the university after I paid the notice pay amount equal to 01 month salary as per the conditions of the appointment letter. I also had an EPF account in this university.
BUT, being a responsible employee, I had already informed (VERBALLY) to my department head about my intention of leaving this university job FEW MONTHS IN ADVANCE (as i was waiting for the new job appointment letter), which resulted in smooth transmission of my duties after my relieving from the department.
Can i demand for refund of my notice pay amount, as my relieving has not adversely affected my department or university or any of my duties?
Kindly guide me what to do.
Also, kindly share any such relevant judgements from honourable high courts (Gujarat) or Supreme court of India.
Thanks in advance.

Your behaving responsibly and doing proper handing over is appreciable.
But getting refund of notice period pay is not legally enforceable.

Dear Sir,
As per the notice Period he or she should work till the period and otherwise they skipping the Notice period they will not get the amount for the Notice period
regards,
Sathyanarayanan
NI Consulting services Private limited
81, Peters Road,
Royapettah
Chennai-600014.
9841874747

Dear Sir,
Even though you communicated verbally you yourself felt that it is not valid hence you paid the notice period amount and get relieved. You should be thankful to your organization as they have relieved with out creating any issue. If you go through the postings in CiteHR in most of the cases people are suffering because of non-acceptance of resignations, allowing to buy back notice period, not providing relieving / service certificates etc., etc., and in some of the cases the employees are getting legal notices.
If I am not wrong your new job is more attractive than the existing one related to financials, position, location, work load, facilities & amenities etc., is the reason for your job change. Considering all the above facts please forget about the refund of your amount and enjoy your new job.
Regards
Kamesh

Dear Friend,
You are relived from your services as per the terms of appointment for which an amount paid against for not serving the notice from your end.
A mere intimation or casual information does not make any sense, it needs to serve the information in writing before one month that you intened to leave the job.
You can not legally demand for refund of notice amount. This could have done prior to payment with a request to the authority and the authority could have waived the payment of notice amount in the note sheet.
Your EPF account can be transfered to present employer by obtaining/ filing form 13.

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