Facing Financial Strain After Leaving a BPO: Can I Avoid Paying the Notice Period Fee?

I worked in a BPO for 5 months and left the company due to bad health. I informed my TL a month before and offered resignation, but she insisted on serving two months of notice, which I could not. I have been sent the termination letter and then the final settlement letter which asks me to pay 13,000 rs. I don't want to pay as I am financially restricted. Is it okay for me to not pay that? Will that initiate legal action against me?

Dear Anonymous,

Could you tell us about employment terms mentioned in an appointment letter? What has been mentioned in a final settlement letter regarding action on the failure to pay the above said amount? Did they mention about holding relieving documents?

Regards,
Sapana

Termination and Legal Obligations

1. If they have sent you a termination letter, it is absolutely illegal. They are required to first send you a show cause notice asking you to explain why your services should not be terminated.

2. In case they send you a termination letter, they are obliged to pay you one month's gross salary as notice pay.

3. Did they send you any letter asking you to report for duty? If not, they are on weak footing.

4. I presume that you were an agent. Under labor laws, an agent is considered a workman and can therefore raise an industrial dispute before a Labor Officer or Assistant Labor Commissioner.

5. Can you share the letter sent by the company? It will help in providing proper and accurate advice.

6. You can regain your job and also receive your payment.

I would agree with Mr. Bharat Gera.

Probationary Period and Notice Requirement

Five months of service means you were on a probationary period, and there would not typically be any notice period, which I assume. Please refer to the termination clause of your company. If a two-month notice is mentioned during the probationary period, then the employee needs to serve or pay the specified amount as per the employment agreement. If it is not mentioned, then you need not worry.

Resignation Due to Health Issues

Secondly, you have mentioned that you resigned due to health issues. Was the resignation accepted? Lastly, do you have any documented evidence to prove your ill health, preventing you from resuming work? This evidence will suffice for any legal threats from your company.