I am working in a company with 100 employees in India. In October, they increased my salary by 10%, but they also extended my notice period from 30 days to 60 days. Now, I want to leave this company in April to pursue better growth and prospects. I have been with this company for the last 2 years.
Please let me know, if I decide to leave the company without serving the 60-day notice period, what actions can the company take against me? Would I be liable for any financial penalties? I have around 40 days of Paid Leave to utilize.
Please guide me in this regard.
Thanks,
Naren
From India, Mumbai
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Please let me know, if I decide to leave the company without serving the 60-day notice period, what actions can the company take against me? Would I be liable for any financial penalties? I have around 40 days of Paid Leave to utilize.
Please guide me in this regard.
Thanks,
Naren
From India, Mumbai
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It means you have accepted the increment along with an increase in the notice period, isn't it? Once accepted, you are bound by the revised conditions. Only you can request them to adjust the accumulated Paid Leaves (PLs) for the shortfall in the notice period if you want to leave early. If they don't accept, you have to serve the full notice period. Leaving without a proper relieving letter and full and final (F/F) settlement may lead to trouble with the new employer.
Pon, Chennai
From India, Lucknow
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616Pon, Chennai
From India, Lucknow
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I'm not sure, but according to the Payment of Wages Act (Rule-16 [2]): No deduction for breach of contract shall be made from the wages of the employed person unless:
(a) There is a provision in writing forming part of the terms of the contract of employment requiring him to give notice of the termination of his employment; and
(i) The period of his notice does not exceed fifteen days or the wage period, whichever is less; and
(ii) The period of this notice does not exceed the period of notice which the employer is required to give of the termination of that employment;
(b) This rule has been displayed in English and in the language of the majority of the employed persons at or near the main entrance of the factory and has been so displayed for not less than one month before the commencement of the absence in respect of which the deduction is made.
Regards,
Abhishek Singh
From India
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(a) There is a provision in writing forming part of the terms of the contract of employment requiring him to give notice of the termination of his employment; and
(i) The period of his notice does not exceed fifteen days or the wage period, whichever is less; and
(ii) The period of this notice does not exceed the period of notice which the employer is required to give of the termination of that employment;
(b) This rule has been displayed in English and in the language of the majority of the employed persons at or near the main entrance of the factory and has been so displayed for not less than one month before the commencement of the absence in respect of which the deduction is made.
Regards,
Abhishek Singh
From India
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Legal Notice for Breach of Notice Period .docx