One of my friends resigned from his company 2 years ago due to health concerns and had to leave immediately as he was in critical condition. He requested an immediate release, although the official notice period was 30 days, and based on the discussion with the manager and HR, an immediate release was approved over email.
Ten days after leaving the company, he received an email from HR stating that he had to pay money for not serving the notice period and had to repay a month's salary to the company. As he was in a critical stage, he couldn't return to the company at that time. Now, after 2 years, they have sent an email again asking for the money and have mentioned that legal actions will be taken if the money is not paid. How can he best handle this situation?
From India, Bengaluru
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Ten days after leaving the company, he received an email from HR stating that he had to pay money for not serving the notice period and had to repay a month's salary to the company. As he was in a critical stage, he couldn't return to the company at that time. Now, after 2 years, they have sent an email again asking for the money and have mentioned that legal actions will be taken if the money is not paid. How can he best handle this situation?
From India, Bengaluru
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Notice Salary Obligation
Strictly speaking, as per the terms of the contract of employment, your friend should pay the notice salary as demanded by his management, at least to keep his employment record clean for the sake of future employment.
Waiver of Notice
Had his management relieved him immediately due to his prevailing health condition, then with a waiver of notice, it would be a different matter as of now. It would be advisable to check the relieving orders.
Of course, your friend can request a waiver now based on the length and quality of the service he rendered to the organization.
From India, Salem
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6108Strictly speaking, as per the terms of the contract of employment, your friend should pay the notice salary as demanded by his management, at least to keep his employment record clean for the sake of future employment.
Waiver of Notice
Had his management relieved him immediately due to his prevailing health condition, then with a waiver of notice, it would be a different matter as of now. It would be advisable to check the relieving orders.
Of course, your friend can request a waiver now based on the length and quality of the service he rendered to the organization.
From India, Salem
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As Umakanthan sir has said, you need to read the relieving order carefully. Since you have not shared the same, we can only be guessing.
If the relieving order specifically says that they are accepting his request for being relieved immediately and does not specify that he has to pay the notice pay, then it is assumed that they have agreed to him leaving without serving notice and without paying for the notice pay.
It is possible the legal department or those following up for absconding employees are not aware of the approval given by the HR department. Maybe all you need is to respond to them showing the relieving order.
However, in view of the circumstances, I would suggest you take the opinion of a lawyer to ensure that what you do or what reply you give does not create a legal problem for you in case the matter goes to court.
From India, Mumbai
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If the relieving order specifically says that they are accepting his request for being relieved immediately and does not specify that he has to pay the notice pay, then it is assumed that they have agreed to him leaving without serving notice and without paying for the notice pay.
It is possible the legal department or those following up for absconding employees are not aware of the approval given by the HR department. Maybe all you need is to respond to them showing the relieving order.
However, in view of the circumstances, I would suggest you take the opinion of a lawyer to ensure that what you do or what reply you give does not create a legal problem for you in case the matter goes to court.
From India, Mumbai
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Understanding the Employer's Email Communication
You need to compare both the email received from the employer prior to release and post-release for a better understanding of the case.
Steps for the Employee
The employee should write to HR, mentioning that the release was approved without asking for notice pay. Attach a copy of the email (if it aligns with this) or explain that the employee is not in a condition to pay due to critical circumstances. Alternatively, request to adjust the amount against the receivable on account of Full and Final Settlement (F&F).
Legal Options
The employee also has the option to pursue legal action. It would be advisable to consult a lawyer with the relevant documents to understand the best remedies available to explore.
From India, Mumbai
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You need to compare both the email received from the employer prior to release and post-release for a better understanding of the case.
Steps for the Employee
The employee should write to HR, mentioning that the release was approved without asking for notice pay. Attach a copy of the email (if it aligns with this) or explain that the employee is not in a condition to pay due to critical circumstances. Alternatively, request to adjust the amount against the receivable on account of Full and Final Settlement (F&F).
Legal Options
The employee also has the option to pursue legal action. It would be advisable to consult a lawyer with the relevant documents to understand the best remedies available to explore.
From India, Mumbai
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Full n final settlement.doc