My name is Aryan. I recently joined a customer service role at a company. During the seven-day training period, I informed my trainer that my laptop's HDD drive got damaged, and I needed to leave the company because I was still in training. A few days later, they issued a full and final settlement, stating that I have to pay around eight thousand rupees. Please, if possible, help me with this. I haven't received any payment from them, and I am expected to pay this amount even though my monthly salary was only twelve thousand rupees.
I am seeking legal advice to resolve this issue.
The company claims it is their policy that anyone who does not serve the notice period must pay this amount. However, I question why I have to pay if I am still in the training period. They are now threatening to file a case against me if I do not pay. I urgently need legal advice on whether I am obligated to pay or if I have the right to refuse this payment.
From India, Delhi
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I am seeking legal advice to resolve this issue.
The company claims it is their policy that anyone who does not serve the notice period must pay this amount. However, I question why I have to pay if I am still in the training period. They are now threatening to file a case against me if I do not pay. I urgently need legal advice on whether I am obligated to pay or if I have the right to refuse this payment.
From India, Delhi
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I already told them the queries but they do not help me with this and they will file a case on me.
From India, Delhi
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From India, Delhi
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Dear Mr. Aryan,
Please refer to your Appointment/Training Letter. If any clause related to the notice period during the training/probation period is mentioned in it, then the company can charge. But usually, the notice period is not applicable during the training or probation period.
As for the case concerned, on what grounds can they file a case if you have returned all the assets of the company back?
From India, Chandigarh
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12Please refer to your Appointment/Training Letter. If any clause related to the notice period during the training/probation period is mentioned in it, then the company can charge. But usually, the notice period is not applicable during the training or probation period.
As for the case concerned, on what grounds can they file a case if you have returned all the assets of the company back?
From India, Chandigarh
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Dear Mr. Aryan,
You are safe, no need to worry. Please go through your appointment letter as well. If there is any clause mentioned regarding the recovery of short notice pay during the training/probation period, then you will be liable to pay, as you have already accepted the letter of Training/Appointment before joining. If the clause is silent about recovery during short notice, then you are safe.
If they want to recover the cost of the Hard Disk Drive (HDD), you might be liable to pay for any physical damage to the company asset.
From India, Chandigarh
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You are safe, no need to worry. Please go through your appointment letter as well. If there is any clause mentioned regarding the recovery of short notice pay during the training/probation period, then you will be liable to pay, as you have already accepted the letter of Training/Appointment before joining. If the clause is silent about recovery during short notice, then you are safe.
If they want to recover the cost of the Hard Disk Drive (HDD), you might be liable to pay for any physical damage to the company asset.
From India, Chandigarh
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Aryan, you should ignore the demand from the company. You should not pay a single paisa to the company because of two basic reasons:
1. A customer service executive is considered a workman under the Industrial Disputes Act.
2. A workman is not required to give notice or pay any compensation/salary in lieu of notice if they wish to quit employment.
Therefore, even if there is a mention of a notice period and payment in lieu of notice, it is not enforceable. You can reply to the company stating:
"I was appointed as a customer care executive. The role does not involve any supervisory functions, nor did anyone report to me. As such, I was a workman under the provisions of the Industrial Disputes Act 1947. Under the ID Act, there is no provision that a workman leaving the employer should give notice or pay compensation. The notice required to terminate employment applies only to the employer and not to the employee. As such, I will not pay any amount, and if you repeat the demand, I will be constrained to take legal action against you by approaching the Officer concerned of the State Labour department."
From India, Kannur
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1. A customer service executive is considered a workman under the Industrial Disputes Act.
2. A workman is not required to give notice or pay any compensation/salary in lieu of notice if they wish to quit employment.
Therefore, even if there is a mention of a notice period and payment in lieu of notice, it is not enforceable. You can reply to the company stating:
"I was appointed as a customer care executive. The role does not involve any supervisory functions, nor did anyone report to me. As such, I was a workman under the provisions of the Industrial Disputes Act 1947. Under the ID Act, there is no provision that a workman leaving the employer should give notice or pay compensation. The notice required to terminate employment applies only to the employer and not to the employee. As such, I will not pay any amount, and if you repeat the demand, I will be constrained to take legal action against you by approaching the Officer concerned of the State Labour department."
From India, Kannur
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Full n final settlement.doc