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Company claiming more money for shortfall in notice period what to do


12-Sep-2023 (In Labour & Service Law)
I was working for a MNC in Bangalore for from 13-Aug-2013 to 23-Jun-2017. I had resigned on 14-May-2017 and served notice period till 23-Jun-2017 and got relieved. I was in a hurry to join new job and hence I had requested them for early release and the same happened. But, now when I am seeing my Final settlement the company is asking to pay for the shortfall of notice period. As per the clause of notice period - its says - Employees must serve a notice period of 2 months and people working on critical projects has to extend another 30 days more ie., upto 90 days and the exact period of which will be communicated by the management. Now, as per this clause, I am saying them that the notice period is 60 days but not 90 days and hence I will pay the shortfall of 60 days. My company has a different opinion and they are quoting that notice period is 90 days and I have to pay shortfall for 90 days. Please suggest if I can go legally on this and win?
Answers (2)

Answer #1
571 votes
As per the recent development in law made by the Supreme Court and various High Courts, such bonds are lopsided and are not legal and enforceable under law.

You can send a legal notice to the company for asking for your dues.

If the company takes any legal action against you to ask for the bond amount, you must contest it in the court of law as the enforcement of these employment bonds is not maintainable under law.
Answer #2
920 votes
As per your query it seems that you have to pay 90 days "IF YOU ARE WORKING IN CRITICAL PROJECT" In the above query you have not mentioned whether you are working in critical project or not. Another aspect have you got any written consent for early release?

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