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Did not serve notice period. Experience letter not being provided.


20-Sep-2023 (In Labour & Service Law)

My last company had a policy of serving 3 month's notice period. I did not serve the notice and left the company. I now need the experience letter for which the company is asking me to pay them 3 months' full salary.

 

Can you please suggest something in this matter? I am also apprehensive about the policy as I haven't heard of other companies asking 3 months notice period or 3 months full salary if the notice is not served. Is there any legal assistance I can seek against the company.

 

Answers (1)

Answer #1
190 votes

If as per your employment agreement, either of the parties, that is your employer or you, were to terminate the employment agreement or were to issue a 3 months written notice to the other party or to pay a sum equivalent to the salary of 3 months, then due to your contractual obligations, which you had accepted under the employment agreement, you are liable to pay the said amount to the company.

As far as the receipt of experience letter is concerned, the non-issuance of the same flows as a consequence of non- payment of the amount in lieu of the notice period. However, you may write to them asking for the same.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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