Legal Question in Employment Law in India

Sir.. I joined my company on 26-8-15 and not received my offer letter. Though the hr gave me wrong offer letter for the sister concern. I signed the second copy but when I found the mistake along with the mistake in my name and address, I returned it back.. I was told the notice period is of 30 days. Now on 18 may I resigned giving last serving day as 31 day. But on 25 may I got a mail saying 60 days notice period and if I don't serve it, a legal action would be taken. I have to join my new company from 1 June. What should I do?


Asked on 5/27/16, 8:51 am

2 Answers from Attorneys
Dr Katta Venkata Rama Krishna Drkattavrk

1) Depends upon Co policy n T&C of ur appointment.

2) If u hv any evidence in ur support, then u can initiate action.

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Answered on 5/27/16, 9:06 am
Fca Prashant Chavan Expert Edge LLP

27.05.2016

Dear Sir / Madam,

In the absence of the Appointment Letter, the notice period of 30 days as mentioned in your Offer letter remains legally valid and binding upon you to serve the Cormpany as and when you resign from the Company. Since you resigned on 18th May, 2016 you remain liable to serve till 17th June, 2016. However, if you have finished all your pending work assignments, you can request the Company in writing to waive off the notice period from 01st June, 2016 till 17th June, 2016 for 17 days, else recover the notice period salary for 17 days (basic pay only) from your full and final settlement dues and pay and settle it on 31st May, 2016, your last working date in the Company.

Regards,

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Answered on 5/27/16, 10:58 am


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