• Employer asking for full and final recovery after 9 months

Hello, i worked for bpo mnc. I resigned without serving notice period in mid april 2016.In most cases the salary is not given for that month as i had left in early april without serving my notice period. But i received an entire months salary in april end.I was surprised and didnt inform the company as it was their job not to process the salary.
 Nine months after that, now i am getting a notice letter from them stating rs 28000 is recoverable in full and final settlement and to be paid within 15 days, if not they will initiate legal action.My question is why send notice after 9 months and as far as I know, once money is my account, they cannot ask for it. I just need guidance as to what options do I have to counter their claim. Or do I have to Pay it.I have not replied to their notice.Please help.
Asked 7 years ago in Labour

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3 Answers

1) you are bound to refund salary as you did not work for month of April

2) if you dont pay company will sue you to recover the salary amount

Ajay Sethi
Advocate, Mumbai
95217 Answers
7611 Consultations

5.0 on 5.0

Dear Concerned,

Technically you were to serve a notice - however as it has not been served and now after 9 months you are getting a notice you need not to worry....JUST ignore the notice they have sent to you ----If the salary was paid thats their fault and not yours.

Just need to figure out wether you resigned or not ...as lot is dependent on your resignation as well.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

Firstly you should understand that you were supposed to give notice while resigning the job or at least buy the notice, instead you have even availed the salary which is not due to you.

Since you have received notice it becomes you duty to reply the same and also to refund the amount which you are supposed to.

The employer canot be questioned that why he had initiated the process after 9 months, he is within the time limit of three years to claim the amount due to the company.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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