What is consequences for not serving 3 Months Notice Period ? - CiteHR
Vmlakshminarayanan
Sr.manager - Hr&admin
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Hello Everyone,
I have 4year experience in HR field i recently joined one company. my previous HR abscond due to mentally harassment and low increment policy after discussion with director she paid 1 month salary amount.Because of this incident company has changed notice period clause from 1 month to 3 months(or 3 months gross salary to company).during my interview they have not disclose this things,after my joining when i ask about this clause they have disclose the reason behind changing notice period clause.
Another thing is that they have mentioned LEAVE ALLOWANCE component in CTC structure which is absolutely invalid because according to Leave policy employee has rights to take leave and employer can not count or deduct from employee salary. when i asked regarding this component in CTC they explained me it is your total annual leaves expense to company(total 45 days) and it is company side component so don't need to bother and you will never get this amount, you will have to see your on hand salary only.But the thing is that they are providing me on only 7SL and 7CL in a year after a year i will eligible for 21PL
I can't pay them 80k(3 months salary) i can serve only 1 month if they are ready to waive off notice period.
My questions are:-
1) if they go legal then what should i do? if i don't reply their any notices/court hearing then what govt or labour court do against me?
2) Is it valid to deduct LEAVE ALLOWANCE from my salary/CTC structure?
Regards,
Bhavika
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There is no universal rule on such issue. It depends on the terms and conditions of your appointment. In most of the cases either you have to serve notice period or pay the company salary for the notice period.
Whether you want experience certificate or not doesn't matter, however whether your company accepts your resignation and relieves you matters. If your company doesn't relieve you formally, then you will be considered employee of the company. Working in other company during the same working hour as of your current company will be considered case of Dual Employment, which is illegal. Thus, If you join other company without getting relieved from current company may have legal consequences. Your current company can take legal action against you.
Hi,
My point of view is that being from HR you should have asked about Notice period and other terms of employment before you join there. Basically it is a contract of employment for stipulated period with certain terms and conditions agreed mutually by both parties. I suggest you to try for proper relieving either by serving 3 months or pay partially in lieu of shortfall notice. If you leave without any information mostly they will follow the disciplinary process and close the file as Terminated for unauthorized absence. Maximum termination will be the final resort. However this will have impact on your career when you apply for a new job and if they go for BGV. So try to get relieve properly.
Thanks for quick reply
If i pay 3 months notice period then my future company will not wait for 3 months and if i follow the rules then i will have to depend on my luck i will have to resign first then after search for new job.For me, it is foolish act
the solution in dual employment case, i will give resignation in written on mail and submit that copy to my current company and also explain them my previous company clause.if they are agree then nothing will be wrong.
If they will go legal then another plus point from my side is that in my CTC structure they have mentioned LEAVE ALLOWANCE in deduction part which is absolutely wrong practice according to labour law
I have solution but i need more suggestions from all expertise
I have attached CTC structure file for better understand

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