Can My Employer Take Legal Action for Not Paying the Notice Period Fee? Seeking Guidance

Hi, I am Prithvi, working as an Interior Designer for an Architect in Bangalore. I have been working for 4 months. Two months after I joined the firm, I was given an agreement to sign, with the highlighting point being:

- 6 months probation period; if resigning, I should serve a 30-day notice period or pay 45 days' salary to the Firm. After the probation period, a 90-day notice period or payment of 45 days' salary to the Firm is required.

After completing my 4 months in the firm, I resigned due to personal reasons. The Architect accepted my resignation and asked me to serve a 30-day notice period or pay 45 days' salary to the firm. I agreed to serve the 30-day notice period but requested my Original Appointment letter along with the Relieving Letter and payment for the notice period.

My request was denied, and the Firm insisted that I pay 45 days of my salary to them. Consequently, I did not go to work from then on. Can they take any legal action against me for not paying them, or what other actions can they take? Please guide me through.

This practice is adopted and applied by highly irrational and traditional companies that have no concern for employees. They will not be able to take action against you. Remember not to hand over original papers to any employer for whom you are working, as they will try to dissolve the matter.

Regards,
Ketan

Notice Period Clause in Appointment Letters

Generally, an appointment letter includes a clause on the notice period, which contains two alternatives: either to serve the notice period or pay in lieu of that. Since you have agreed to serve the notice period, your employer should have allowed you. Do you have anything in writing from them? You were also supposed to obtain a no-due certificate from them.

Now that you have left the office without duly receiving a relieving order, they may write to your present company to collect the dues or take necessary action. You need to brief everything to your present employer. If they support you, there is no risk.

I am an employee of a corporate company. For me, the notice period is three months. I have received a better opportunity, and they have asked me to join within one month. Therefore, I requested my HR to relieve me in one month (as stated in my offer letter, so I have to pay two months' salary, even though I agreed to this). However, they are not accepting my request. I have served one month's notice period, clearly stated in the mail that I will not be reporting to the office from this date, filled out my exit details, and submitted my ID card and all formalities. I am concerned whether this will be treated as ABSCONDING. Will I still receive my relieving letter, PF, etc.?