Regarding Unserved notice period
2 years ago
I have resigned on 28-12-2020 after serving for close to 3 years at my previous organisation with 90 day notice period i.e till 28.03.2020. I served till 26th Feb 2021, as 27th and 28th is weekend. Now, in full and final settlement my company is asking me to pay for 30 unserved notice days.. I have not even got the Variable pay after working for 11 months in thar financial year. Nor my company is ready to waive off the money to be paid for unserved notice period. I feel that 90 day notice period is too long for an employee and he should be relieved early. Irony is that this 90 day notice period is not mentioned in my offer letter, but was directly informed on my joining day while signing the employment contract, where I ahd no option to back off. Is there a way to either get my variable pay or Get this money to be paid wavied off if I file a case in the court?
Your proposal reduce notice period may happen if you approach office of labor commissioner under section 12 of ID act as they have wide discretionary powers.
You can raise this issue with the HR and claim that you have served your mandatory 90 days notice period. If to no avail, then first send them a legal notice against their illegal demands, and if problem persists, institute a case in the labor court. In the legal notice you can demand for the payment of the variable pay which was not given to you.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
Usually it is up to the managers to either recover or waive off the unserved notice period penalty. So, you could talk to your manager and state that you have served your 90 day notice period. If they still ask you to pay the amount, you can send them legal notice about the same, and demand the variable pay money. Then you can file a case in the labor court.
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