Anonymous
Hi, I joined an organization and within 2 weeks I expressed my desire to resign citing personal reasons. After the discussion, my manager agreed to it. I expressed that I want to serve the notice period and work. He said onboarding employees are asked to leave early. But He gave a thought and citing technical feasibility as a reason asked me to opt for early release. All these conversations happened overcall. I did what was asked, then management asked me to take the resignation back and offered some perks.

I took back resignation but told them I'll think about it as reasons are personal in nature. My problems didn't improve and money was inconsequential in my decision, I again put my papers within a week of this event. Based on my previous discussion with the manager I took early release.

My release date has passed, but now I've received mail for notice pay recovery. I mailed him and he said he will ask management for approval of the waiver, but failed. As per them, an early release doesn't mean recovery waive off. And HR is asking for approval of the manager to proceed

Now he is not responding. I didn't have any responsibilities to handover either as I just joined and have that in the mail.

What should I do?

From India, Lucknow
As the position stands now, you have resigned and sought early release which has been accepted. So it would mean the notice pay is to be deposited. You had 2-3 weeks service only is not going to help. Citing your previous offer to serve the notice period as well as your compelling circumstances to leave the job, you can make an attempt to get waived off the notice pay, but it would depend on the good sense of the management.
From India, Mumbai
Anonymous
Thanks KK!HR. As mentioned, management is not listening. Communicating with them is futile as they keep lying, i've experienced it twice and have it on mail. I guess ethics should be followed by employees only and employees are not human either. Problem is they have transferred the salary to me after all the deductions. I raised a query at that point that why the money was transferred when I have resigned, they said we will settle it. Now to pay it back I'll need additional funds, which I don't have. Moreover their notice pay is not on basic pay but on per day salary basis. Thus amount is good. I wouldn't have had problem in paying it back if it was on basic salary. What if I don't pay it or pay it partially? As my exit will not be complete in either case as I won't be having relieving letter. Can there be any other repercussions? Does it have any impact on my EPF later on ? What if I don't mention this company anywhere else ? Due to covid we did not have any contract signing on hard copy. I am feeling harassed.
From India, Lucknow
You need to reply to the notice received by you demanding notice pay. The specific provision in the contract of appointment is to be seen to understand its implications. Since you say due to covid there was no contract signing on hard copy , the question remains on the contract itself. Subject to there being a valid contract, as you are not complying with the contract , the same amounts to breach of contract as per Section 39 of the Contract Act 1872. Section 73 lays down provisions regarding the compensation for loss or damage caused by the breach of contract. It talks about the right of the party who suffers from the breach of a contract. Such a party can claim compensation from the party who did not perform his obligations under the contract. The loss caused to the party must arise naturally i.e. in the usual course of things or must be known to the parties, while contracting, to occur in case of a breach. This section further states that the compensation would not be provided for remote or indirect loss suffered by such breach of contract.

So here the natural loss caused to the party is only the salary paid to you. Since you are ready to pay back that amount, their should not be any problem in returning this amount.

As regards the other queries raised by you, the response is as follows:

Can there be any other repercussions? Nothing specifically other than that the doors of this organisation is closed for you.

Does it have any impact on my EPF later on ? Not likely. Have you got UAN? I presume you must have drawn salary above the ceiling limit as per PF Act .(> Rs. 15000)

What if I don't mention this company anywhere else ? As this remains a very short duration assignment, it can be ignored.

From India, Mumbai
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