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Company asking for payment of one month salary for notice period


02-Jan-2023 (In Labour & Service Law)
Hi Sir,, I was working with a MNC. I worked there for around two years. On medical emergency I have left the job (as my daughter,4 years of age underwent 2 bypass surgery. For her further treatment I resigned from the job.) Documents submitted to the concerned authority. Instead of two months I served 1 months’ notice time, which was approved by my COH verbally. As per 1 months’ notice period my last working day was 29th July. In between I asked my HR will I be relieved on 27th July?? I even asked if there is any salary recovery from the company’s end if I relieved earlier (Im having the copy of this mail). I didn’t get a reply to this mail but my relieving date was preponed to 27 July without any notice to me. When I called my Manager on 27th to inform him that I will be on leave on 27th July, It was told that 27th is my last working day. They would have never inform, if I have not called them. Now the issue is that company is asking for recovery
Answers (2)

Answer #1
529 votes
Please take note of following -
1. If you have served the notice to the previous employee handing over the responsibility to the concern team without keeping any document with yourself then you are technically free from all obligations. It doesn't matter how long were you present as per your notice period. If your separation is not disputed then no recovery can be done in against you.
2. You will be given salary or final due for only such period which you have served as Notice period and not more than that.
3. If there was an special agreement in between you and the company in against any special training which you have gone through at the cost of the company then above two points are not applicable on your case. You have to comply that agreement in against that training.
Answer #2
784 votes
Is there any written approval of discharging your service or not? If you have any written approval, then company cannot ask any recovery. Secondly the mail you have sent to company has been duly served/recieved? If it's been received but didn't reply, meaning thereby acceptance on the part of company. After seeing the documents , it will be clear that company can recover or not.

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