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Dear Friends
My wife has encountered with a resignation related issue with her employers. She was working with one of the big BPO companies in Bangalore till October 2010. Due to pregnancy related health complications she had to resign from her job. Now her employer is asking her to pay a sum of Rs.52, 000 as a notice period buyout payment. Her actual salary per months is only Rs17, 000.
At the time of resignation, she was on an unpaid leave and she was told that she would be relieved from the job by third week of December. The company executives conducted the exit interview in the first week of December, without informing the exact procedures of relieving. During December, my wife contacted the HR department to know further procedure; they asked her to contact the finance department, which later sent an email asking for Rs52, 000. The finance department also claims that she was relieved in October itself!! The email also suggests that if we fail to pay the notice pay, the company would take legal actions against her.
My wife has sent an email back saying that she would be able to serve the notice period when she is fit to work. But, the HR department has rejected that offer and has told her to pay up the money or face the legal actions. Please let us know, what should we do now… Is there any legal remedy for us?

Regards
Adi
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dear Adi legally they can not do anything they are just threatning . She should have not resigned and just applied for leave on health grounds.
Today also they have sent one more letter saying the money has to be paid within 21 days or else we need to face legal action.
She wouldn't have resigned, if they hadn't took two weeks to approve a Loss of pay leaves. Even after producing a doctors certificate, the company took almost two weeks to approve her leave. :(
Hi,
There is absolutely no reason to worry. Your wife should simply refuse to pay what is being demanded. At the most, she will have to pay Rs 17000/ which is her actual pay for the month. Please check how "pay"has been defined in the appointment letter. The employer cannot ask you to pay any thing more than one month pay.
Your wife should also serve a legal notice to the employer for un-necessary harassment and causing her mental strain.
Cyril
Hi,
I think your wife has signed on commitment / agreement papers at the time of joining (If she leaves between the commitment period, she should pay 3months salary like that.......) pls ask your wife and get clarity.
Dear Adi,
First you need to confirm if your wife's resignation is accepted by the company and she has received acceptance letter for the same with relieving dates. If you have got this document then this will help you to fight out the case. Also I will suggest that you first look at the terms of the appointment which your wife has entered with that organisation. There must be a termination clause in the same. If it is 3 months then the amount claimed by the organisation comes very close to what they are asking. and if the same is less then you need to have full calculation how they arrived at this figure. This will help you to determine the exact amount you need to pay. Also check if there was any bond filled by your wife at the time of appointment. If there is no such documentation then her company has no right to ask any addnl amount.
I am sure this will help you to some extent. Please feel free to revert in case you need any more advise.
rgds........sharad
Dear
You can report the entire matter to State Employees Welfare & Labour Department or
Concerned Department in your State for justice with all the supports and witness documents
She will surely get the justice.
regards
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