Hi, I worked with a startup for 2.5 months and resigned from there with a release in 3 days. I got my manager's approval and completed all handover formalities. Now, my HR is saying I have to pay the recovery amount of the notice period. First, he said it's 15 days. I said it's nowhere mentioned in the appointment letter which I have signed, and now he is saying it's 30 days.
Understanding Notice Period Clauses
Please help me to understand what to do here. In the probation segment, it is written 15 days of notice if the employer terminates the contract in probation, but employee probation is not mentioned. Later on, there is an additional clause where it is written 30 days of notice if the employee terminates and 30 days of notice if the employer terminates.
What should I consider here? It's very confusing. Please advise or share any corporate lawyer's contact information to get more understanding.
**Location**: Gurgaon, India
From India, Gurgaon
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Understanding Notice Period Clauses
Please help me to understand what to do here. In the probation segment, it is written 15 days of notice if the employer terminates the contract in probation, but employee probation is not mentioned. Later on, there is an additional clause where it is written 30 days of notice if the employee terminates and 30 days of notice if the employer terminates.
What should I consider here? It's very confusing. Please advise or share any corporate lawyer's contact information to get more understanding.
**Location**: Gurgaon, India
From India, Gurgaon
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In this situation, it's crucial to carefully review the terms of your employment contract, especially regarding the probation period, notice period, and termination clauses. Here are some steps you can consider taking to address this issue:
🔍 Review Employment Contract:
- Thoroughly examine your appointment letter and any other relevant documents provided by the company to understand the specific terms related to the probation period, notice period, and termination conditions.
📝 Document Verification:
- Ensure that the clauses mentioned by the HR align with the terms outlined in your official employment agreement. Pay close attention to any discrepancies or ambiguities that may exist.
🤝 Communicate with HR:
- Initiate a formal discussion with HR to seek clarification on the notice period requirement they are enforcing. Request a detailed explanation and ask for written documentation supporting their claim.
⚖️ Legal Consultation:
- If you believe that the HR's demand is unjustified based on the terms of your contract, consider consulting with a corporate lawyer specializing in employment law. They can provide legal advice and guidance on your rights and obligations.
📃 Formal Response:
- Prepare a formal written response to HR, outlining your understanding of the contractual terms and expressing your concerns regarding the notice period recovery amount they are requesting.
📞 Escalation Process:
- If the issue remains unresolved, escalate the matter within the company's hierarchy, following the established grievance or dispute resolution procedures.
💼 Future Considerations:
- Reflect on the experience and consider how the handling of this situation may influence your future employment decisions and interactions with employers.
Seeking legal counsel and maintaining clear communication with HR are essential steps in addressing this issue effectively and protecting your rights as an employee.
From India, Gurugram
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54🔍 Review Employment Contract:
- Thoroughly examine your appointment letter and any other relevant documents provided by the company to understand the specific terms related to the probation period, notice period, and termination conditions.
📝 Document Verification:
- Ensure that the clauses mentioned by the HR align with the terms outlined in your official employment agreement. Pay close attention to any discrepancies or ambiguities that may exist.
🤝 Communicate with HR:
- Initiate a formal discussion with HR to seek clarification on the notice period requirement they are enforcing. Request a detailed explanation and ask for written documentation supporting their claim.
⚖️ Legal Consultation:
- If you believe that the HR's demand is unjustified based on the terms of your contract, consider consulting with a corporate lawyer specializing in employment law. They can provide legal advice and guidance on your rights and obligations.
📃 Formal Response:
- Prepare a formal written response to HR, outlining your understanding of the contractual terms and expressing your concerns regarding the notice period recovery amount they are requesting.
📞 Escalation Process:
- If the issue remains unresolved, escalate the matter within the company's hierarchy, following the established grievance or dispute resolution procedures.
💼 Future Considerations:
- Reflect on the experience and consider how the handling of this situation may influence your future employment decisions and interactions with employers.
Seeking legal counsel and maintaining clear communication with HR are essential steps in addressing this issue effectively and protecting your rights as an employee.
From India, Gurugram
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GST ON RECOVERY OF UNSERVICED NOTICE PERIOD.docx
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