Is It Fair for My Employer to Demand Notice Compensation Not Mentioned in My Offer Letter?

Hi, Please go through the below-mentioned circumstances and reply to me with your suggestions:

Recently, I resigned from a company (Recruitment Firm) without providing a notice period to them. I mentioned the same in my resignation letter, but they did not accept it. The offer letter I received stated that if I wanted to leave their employment, I had to give a 60-day notice during the probation period. Although I was in probation, I resigned without giving notice.

They did not specify in the offer letter that failing to serve the notice period would require me to pay compensation.

Now, they are requesting compensation for the notice period, even though it is not mentioned in the offer letter or their policy.

On the day I left, I clearly informed them that I would not be returning the next day, and they acknowledged it. On my last day, they did not mention anything about notice or compensation.

I have already provided a replacement for my position, and they have hired another employee as well.

Please advise if it is valid for the employer to ask for compensation when it is not specified in the offer letter.

Regards, Chandni

Is the notice period mentioned in the offer letter? Kindly let me know the terms and conditions mentioned in the offer letter.

Regards,
Charan

If there is no clause in your offer or appointment letter about the notice period salary, then no one can ask you the same. Please go through the clause of termination in your appointment letter properly or put the content of your appointment letter here so that a proper decision can be taken.

Thanks

Hi, thanks for your reply! They have not mentioned any heading or subheading stating the termination clauses/terms and conditions as such. They only mentioned as:

Timings and Related Expectations:

- Your employment is intended to be long-term and indefinite, subject to conditions specified ahead, if any.
- You shall be on probation for 3 months.
- During the probation period:
- The company is entitled to relieve you, when governed by genuine and strong reasons, at 7 days' notice and at 21 days' notice on any reasonable grounds.
- You are required to give 60 days' notice should you wish to leave our employment.
- After the probation period:
- The company is entitled to relieve you at 30 days' notice.
- You are required to give a notice of clear 30 working days or 45 days, whichever is higher.
- You shall enjoy extra benefits as enumerated ahead.
- Working days are Monday to Saturday as per the following timings, which are subject to change from time to time:
- Monday to Friday: 9.30 am to 6.30 pm
- Saturday: 9.30 am to 3.30 pm
- Adherence to the above/prevalent timings is essential.
- All leaves should be applied for in advance to the maximum extent possible.

The above-mentioned details were mainly written in my offer letter. Other than these, they have not written anything about compensation and notice period.

In the remuneration part also, they only wrote about my gross salary, nothing about compensation and notice period.

Please suggest to me according to their terms, is it valid to ask for compensation against the notice period, even though it was not a bond or contract.

Please revert ASAP.

Regards,
Chandni

In the case where you are not supposed to pay any compensation as per your notice period, they can ask you to work for 2 months as per the letter's statement but can't force you for compensation as you have already provided them with your replacement.

Do let me know if there is anything due on their side and if you have received your full and final settlement from them.

Thanks

Thank you for your suggestion! I have not received my 13 days' salary from them for the period I served. Initially, when I had not left, they mentioned that they typically pay if the notice period has not been served. However, when I eventually left the company, they asked me for compensation.

Regards,
Chandni

I worked there for 2 months, but for the last 13 days, I didn't receive my salary or any letter from them. They mentioned that they won't provide a relieving letter.

Regards,

Hi Chandni, I have gone through your offer letter and terms and conditions. There is no clause regarding compensation, so you do not need to pay any compensation. They are trying to exert pressure on you, but they cannot force you to pay compensation since you have already provided them with your replacement. Please inform me if they ask for anything else during the full and final settlement.

Thanks,
Atul Somani
Manager Accounts
Pune
Email: [Email Removed For Privacy Reasons]

Hey Chandani, why are you leaving this place within 2 months? Have you got any other opportunity? Is this firm with which you worked a renowned place or some small company? If it's a small place, then I hope they don't follow the practice of giving a relieving letter. At any cost, you are not liable to pay them.

Thanks

Thank you for your valuable suggestion! They have not said anything on the last day, now creating problems.

Regards.