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Company asking 3 months salary as did not serve notice period
04-May-2023 (In Labour & Service Law)
Dear Sir / Madam, I was working with one of the company in the Mumbai, I resigned the company in 34 days of working, they were not relieving me & asked me to serve notice period of 30 days even i was ready to pay the notice period amount, but due to some circumstances i was not able to serve. I left the company without serving & send the cheque of one month salary, but in appointment letter notice period mentioned was three months & now they are asking for the amount of three months & threaten me to take legal action against me, i personally feels that, is it fair to ask a three months notice period pay who has worked only 34 days in the company & also at the time of resignation they have asked to serve only 30 days. Please advise
You can do the following:
1. Do you have written or oral evidence to prove that they said to give 30 days notice?
2. If you have then you can send them a legal notice of the same stating the same;
3. If they have sent you a legal notice, then you can reply to them and deny all the allegations made against you;
4. If they approach court (extreme scenario) then you will also need to engage a lawyer to defend your case.
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Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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