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Legal action against notice period not served
28-Aug-2023 (In Labour & Service Law)
While joining the company the offer letter mentioned a notice period of 30 days. just few days before I put my resignation the notice period increased from 30 to 90 days. After putting my resignation I clearly informed the HR that I can't serve the full notice period of 90 days and gave them the option of buyback wherein I was ready to pay money for the days not served but the HR didn't agree.. hence after serving 38 days I left the company. Now after an year of leaving the Same I receive a letter from the company asking for settlement of outstanding dues of those 52days of notice period not served with immediate effect otherwise action will be taken by the company Pls help me with the legality of the matter. What can be done from my end. Thanking You
You should give a lawyer's letter to them in reply to their recent correspondence stating that they are illegal in changing the rule of the game after the start of the game, meaning thereby, at the time of joining they described the notice period of 30 days which at their own whim increased to 90 which is illegal. You also apprise them that you have served 8 days more than the notice period and you are entitled to the wage for the said time together with interest which they should pay immediately within specified time period. All the best. Regards
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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Please let me know1) whether the new notice period has prospective effect or retrospective effect2) whether the above change in notice period was made unilaterally by your erstwhile Employer or through consensual process involving Employee's . On the basis of your feedback I shall be able to opine on your query.please contact me through lawRato,if you so desire.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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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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