Industrial Dispute,Labour law
Can there be legal action brought against the employee for not serving a 1 month notice before resignation?
I have join a company Name "Career matrix" through a Man power consultancy Named "Om Sai Group" on 10th Feb 2016, and were working there up to 17th March 2016. Now due to some health issue, I had to leave that job without serving Notice period of 1 month. There is no mention about terms and timing accept one line "Your service may be terminated by you upon giving 1 month Notice to company. failure to do so can lead to legal action against you".Now, Employer "Career Matrix" is asking me an equivalent amount of Notice period or doing legal action against my resignation. Can you please advise. He can take legal action on this or not?
By  Saket Sharma  |  26 Dec 2016  |  Upvotes: 0  | 

1 Answer(s)

Tanushree Sharma
Advocate

If the Company has paid you salary for the period you worked with them from 10.02.2016 till 17.03.2016, ethically speaking, you ought to have worked the notice period of one month. But if circumstances and situations actually prevent you from continuing working on account of any medical ailment or health issues, you should attach a Medical Certificate from a registered medical practitioner confirming your inability to resume work, and request the Company in writing to waive off the notice period. You should also subtly mention in that same letter that there is no mention that you will have to pay salary in lieu of notice period not served by you, hence you are not legally liable to pay the Company.If the Company has not paid you salary for the period you worked with them from 10.02.2016 till 17.02.2016 (37 days) simply request the Company, cite this as a primary reason in addition to your heath condition, and in view of the fact that there is no mention of "salary in lieu of notice period" in your terms and conditions, you are not liable to pay it, and request for full and final payment dues from the Company.The Company's legal action if any against you, will not in my opinion, sustain in the Court.

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