• They want settle dues for non prior notice

Hello I joined in one private sector I worked for 20 days due to their bad respect and often they changed the rules within 20 days so I quit the organisation without giving prior notice they send termination letter and some dues to settle under breach of contract under clause no 6 what I want to do whether I want to settle the dues rite now I am job less I can't able to give such amount i did not want to give for that type of organisations please give legal opinions they ask dues for non prior notice
Asked 5 years ago in Labour

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19 Answers

Hi, 

You are suggested not to ignore or sit idle, rather you reply that notice strongly alleging their wrong behavior and disrespect for your leaving of job and also claim for the compensation for damages suffered by you.  Your reply should be strong enough to stop their future action else they may file court cases also.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Avoid demand, in just 20 days, no such damages or cost incurred on employee. Nothing will happen. 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Can i go through the offer letter?

My number is available in google .

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

what were terms of your appointment letter? 

 

2) if notice period is mentioned in appointment letter you have to serve the notice period or pay salary in lieu of notice period 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

you should not ignore the letter received by you 

 

2) it is necessary to peruse terms of appointment letter to advice 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Yup, so avoid them, nothing will hapen,

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

If you had completed one month service you would have got salary for a month 

 

you left without notice hence no salary paid ti you 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You can file a complaint to day labour commisioner office he will resolve the issue

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

See you can reply to  there letter that you were terminated and you were forced to leave due to there behaviour and environment there was no expenses incurred to company on your training on contrary you worked for them for 20 days for which they need to pay.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See at this stage do not pay company will not go to court for the amount even if they go same can be contested. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Ask for your salary in the reply letter/notice.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If you are financially not able to pay back the notice period salary, communicate the fact in writing to your previous employer, and ask for waiver. Please do not ignore it. You may not get any relieving letter or experience certificate, if any, if you do so.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

To guide you in a proper manner, we need to peruse your appointment letter / employment contract

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If there was a breach of the conditions as mentioned in the offer letter, from their side, then you may mention the same in your reply notice and may mention that since you have worked with their organisation for 20 days, the salary for those 20 days may be adjusted towards their demand made now and not to make anymore claim on this.

If you do not want to send a reply then you may remain silent on this matter, let them take any action, if at all they are filing any suit for recovery ( they may not do it since it is not maintainable) you may challenge the same in the court of law.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If you do not want to entertain their claim you may better opt to not give any reply to this and may ignore the notice sent by them.

However you may be vigilant about any legal action that may be taken by them against this in future, in that case you may challenge the same as per law and merits in your side.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You may not claim the salary due to yo, let them adjust that towards the compensation they demand due to your resignation

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You are liable to serve the notice period as per the agreement entered between you and your employer.

As you had not served the notice period, your employer can file suit for recovery to recover the same from you.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Even if they want to recover the money from you legally, it is going to buy you some time as court proceedings take time.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

15 day salary would not adjusted as salary is paid on monthly basis only. You had to complete a month in order to claim it.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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