Serving notice period when not mentioned in employment contract
4 weeks ago
Hello good day. I am a doctor who worked as a medical officer for an NGO for four months. Due to personal reasons I had to resign prematurely. There was no clause about serving notice period in my employment contract & no such thing was mentioned neither formally nor informally at the time of resignation. I provided them with a verbal intention to resign one month prior & officially about two weeks prior to my last working day. Everything ended in good terms. But the company didn’t credit my salary in their usual salary cycle. They wouldn’t even respond properly as to why that was happening until about two months later. Now it has been about four months & they are refusing to disburse my salary citing policy reasons even after acknowledging that there was an oversight in my case from their side regarding informing me about the notice period clause & even failing to include it in my employment contract.
When an employer defaults, it shouldn't negatively impact the employee. The employment contract takes precedence over the company's internal policies if not explicitly stated otherwise. Therefore, in this situation, your recourse is through the Civil Court. You should file a civil suit against the NGO to recover your dues after serving them a legal notice.
For default on the part of the employer, an employee should not suffer. The relationship is governed by the contract of employment that overrides the in-house policy of the company if it is not specifically mentioned in the contract of employment. So, in the present scenario, your remedy lies with the Civil Court and accordingly, you need to file a civil suit against the NGO for recovery of dues post service of a legal notice to the NGO. Reach out to an Advocate for guidance and steps.
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