This is a question my friend raised in CiteHr... I guess CiteLegal is better place for this question
"hi , can any one Help me on this.
I left my company in month of May. The constant work pressure and stress lead me to be ill and signed off work.
As per the hr instructions I sent her an email regarding my bad health and hence will not able to work with you. Now I have joined other company. My former company has sent me warning to pay them one month salary and the balance salary which they paid me extra for the last month I had worked. They called up me and warned me that the legal notice will be hitting my door very soon. I was on probation period and left within 5 months of my tenure. But as per the appointment letter, the clause is mentioned that I need to pay them one month salary if leave after completing my three months in the co. "
One of the reply says: (In CiteHR)
You Can Counter Repremand Them Saying You Are Waiting For This Notice To Officially Approach To The Labour Commissioner's Office To Complaint Against This Notice. Despite You Were On Probation You Are Forced For Notice Pay Is Unfair Labour Practice Under Labour Laws In India.
While On Probation No Notice Required To Resign Or Leave Organization Because Your Services Are Not Confirmed In Writting. Notice Pay Apply Only After Confirmation Of Your Services In Writting By The Employer.
They Will Runaway..............
Please give as expert comment on current situation...
I have left my company without giving the notice period as I got a good opportunity in my field. When I resigned, I told my Hr, that I am willing to pay for the notice period. But he told me to give the notice period or go abscond. My problem is that how should I get the releiving letter and the experience letter. They have stopped my salary also. I have given proper handover of my work before leaving the job. I resigned on 24th Nov14 and I have worked till 28th Nov14. I tried to convince them that how the new job is a good opportunity for me to go ahead in my field. But they didn't listen and told me to go abscond.
Kindly help me out.
From India, Pune