What legal remedy available from employer as not serving notice period


I have received a formal letter from my previous employer (a leading Indian industry), to pay recovery amount for not serving notice period. I had worked in that company for only 2 months, since the work culture was bad i decided to quit post informing my line manager and submitting my resignation. Now they have called me and also sent me a speed post informing me to pay my recovery amount (3 months notice period equivalent). The amount is quite high, I do not require any experience letter or anything from their side. What are the chances that they will take any legal action? My current organisation is aware about all of this and there is no issue with them whatsoever. PS: My offer letter with previous organisation that i had signed has one point which mentions that : "you may resign from the company's employment without cause by giving three months notice in writing or by payment of 3 months basic salary on a pro rate basis , in lieu thereof." PLz suggest

Answers (2)


335 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 any... but you are not liable to pay them any amount.

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.


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145 votes

you have this service conditions at the time of joining the service 'this is depend about the legality of this conditions. this service conditions has certified by the competent authority then you should must pay it . as per the industrial standing orders you are not a permanent employee . so that you can made request to them to leave up this conditions.

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