Puja8982
Hi, I left my company without serving a notice period of 30 days (was on probation). Now they sent me a letter saying I need to pay Rs-2,00,000/- for company notice. Otherwise, they take legal action.

In the appointment letter, there are several clauses for separation, however, this separation happened on medical conditions. I was not in a situation to serve notice. company too provided immediate same-day release in march of 2022.

But now (December) they want me to pay for notice period remuneration. What is the best way to handle this!!

From India, Ghaziabad
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Vmlakshminarayanan
Sr.manager - Hr&admin
KK!HR
Management Consultancy
Puja8982
Technology

KK!HR
1403

This is a debatable point. Since as per the contract of service you are bound to serve the notice period of one month or pay for it, the company has a legal right to claim the money. On the other hand, the company has accepted your resignation and relieved on the same day, without asking for the notice period, they are precluded from raising this demand, that too after nearly 8 months. This is based on the legal principle that a party cannot blow hot and cold at the same time and Doctrine of acquiescence. (It is an equitable doctrine which applies when a party having a right stands by and dealing in a manner inconsistent with that right, while the act is in progress and after violation is completed, which conduct reflects assent or accord, cannot complain of violation)
From India, Mumbai
vmlakshminarayanan
524

Hi,

On what medical grounds you left without serving notice period. If you have a valid medical reason supported with proper medical proof then you can reply to the letter with all supporting documents

From India, Madras
Puja8982
I agree to both the point shared by Mr. V.M Lakshminarayanan as well as KKHH. however I am still out of job. same medical reason and not in finances to takw this financial overhead. How can I let this go away.

1. company released me same day.
2. Laptop and Bonus amount laready returned which was at that time requested for reimbursement.
3. what are the consequences If I do not taek action on this.

From India, Ghaziabad
Puja8982
also to add, they shared an FnF sheet end of april 2022, where nothing about notice period recovery was mentioned
From India, Ghaziabad

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