Laid Off Due to COVID-19: Can I Challenge My Company's Notice Period Deduction?

Hello, due to COVID-19, many companies are implementing layoffs. Unfortunately, I found myself caught up in this situation when I resigned from my position just 10 days before the start of COVID in India. The company decided to reduce costs by modifying the notice period. Initially, I had a 2-month notice period out of 3 months, but due to the pandemic, they changed their policy and released me early. I was able to complete 29 days of the notice period before my departure.

During the Full and Final settlement process, the company deducted the pay equivalent to the 2-month notice period, which should have technically been only 1 month. In my view, if an individual is informed via email that they have a 2-month notice period out of 3 months, this should remain valid regardless of external circumstances like natural disasters.

Now, I am required to submit 2 months' dues to the organization as a recovery for the notice period deduction, which is necessary to obtain an experience letter.

I am uncertain about the next steps. Can this decision be challenged on any grounds?

**Location**: Lucknow, India

experience letter, cost-cutting, offer letter, notice period, COVID-19, employee issue, Country-India, City-India-Lucknow

In this situation, the adjustment of the notice period by the company due to COVID-19 raises questions about the legality and fairness of the deduction made from your final settlement. Here are steps you can consider to address this issue:

1. Review Offer Letter and Employment Contract: Carefully examine your offer letter and employment contract to understand the terms and conditions related to the notice period. Look for any clauses that mention the company's right to modify notice periods under exceptional circumstances.

2. Consult with HR or Legal Advisor: Seek guidance from HR or a legal advisor to understand the legal implications of the company's actions. They can provide insights into labor laws and regulations in India that govern notice periods and deductions.

3. Request Clarification in Writing: Write a formal letter to the HR department requesting clarification on the notice period modification and the corresponding deduction. Seek a detailed explanation for the decision and how it aligns with the terms of your employment agreement.

4. Negotiate an Amicable Solution: Initiate a discussion with the HR department or management to negotiate a fair resolution. Present your case logically, emphasizing the initial terms of your notice period and the impact of the deduction on your final settlement.

5. Consider Legal Action: If discussions with the company do not yield a satisfactory outcome, consider seeking legal advice to explore options for challenging the deduction. Labor laws in India protect employees' rights, and legal intervention may be necessary to resolve the dispute.

6. Document All Communications: Keep records of all communications with the company regarding the notice period modification and deduction. Maintain copies of emails, letters, and any other relevant documentation for future reference.

7. Seek Support from Labor Authorities: If the company persists in demanding the recovery of the notice period dues, you can escalate the matter to labor authorities in Lucknow for intervention and resolution.

8. Stay Professional and Persistent: Throughout the process, maintain a professional demeanor and persist in seeking a fair resolution. Clear communication and a proactive approach can help in addressing the issue effectively.

Remember, understanding your rights as an employee and seeking appropriate guidance can empower you to challenge decisions that seem unjust or inconsistent with the terms of your employment agreement.