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Hi,

I am working in a private IT company. Recently, I have resigned from my position but couldn't serve the full notice period due to some unavoidable reasons. My HR is providing me with a termination letter and is also asking me to pay for the notice period.

I want to understand on what basis an organization can terminate an individual. Is this a correct reason? Please advise.

From India, Chennai
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Dear friend,

When the employee fails to fulfill the notice condition already stipulated in the contract of employment for resignation, the resignation will not be accepted by the employer. In such a situation, if the employee walks off the job, it can be construed by the employer as misconduct or abscondence, and they are empowered to initiate formal disciplinary action and terminate the employee. However, once terminated, the employer cannot demand notice period salary.

From India, Salem
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Thank you very much for your reply. The employer is demanding two and a half months of salary, deducting my LTA and PL. If I fail to pay that, I won't be receiving any letter, not even a termination letter. This is the response I got from my employer. Please advise me on how to handle this. I also want to know the fate of my privilege leave balance, as I have worked for this organization for more than 3 years and I have 36 days of PL leave available for deduction. Please advise me on this.

Regards, VIJAY KUMAR K

[Phone Number Removed For Privacy-Reasons]

From India, Chennai
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