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devsekarvishal
I wanted to resigned from my last company as i got a good job offer and according to my appointment letter i had to serve one month notice period if i wish to leave the company ie during probation period, so before giving resignation letter i had asked HR Manager about the notice period and i had conveyed them that i will be able to give only 10 days notice period and remaining notice period days can be adjusted after deducting my salary so initially he agreed and told me to give resignation letter and they will do the needful. so next i gave my resignation letter and mentioned about the notice period days.

After three days the HR Manager is telling me that he had discussion with my reporting Manager and chief HR Manager and they have decided that they cannot adjust my salary in lieu of notice period ( ie 10 days notice period and 20 days salary deduction) and i have to complete my one month period. but the problem is if i wait to complete my notice period my New job will go as i had to join my New company on 11th day.

So as i decided i had joined my New company and i wrote a letter to my old company to adjust my remaining notice period days with my salary, but now they are replying with the below sentences.

"You are hereby informed that your request contained therein cannot be considered. You are therefore advised to resume duty immediately and serve your one month’s notice period as mentioned in Acceptance of Resignation letter, Failure on your part to resume duty as aforesaid would compel the Management to take action as deemed fit, which may tarnish your image. The said action would be at your cost and consequences which please note"

Please help what to do

Thanks

From India, Pune
Labour Law Index
180

See there are two things here :-
1) If there is a communication via mail or anything that HR accepted your request. Then you can do what ever you like.
2) If not you will be committing breach of contract. Here court may award reasonable damage. Which though may be equal to 20 days salary or more or less.
So find if you have anything is written.

From India, Kolkata
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