• Notice pay

I worked for 1.5 months in a company and was not billable(the company has no probation period). I got another job offer, so I resigned. The company accepted and provided me resignation acceptance letter. I have served only 10 days of 90 days notice period. To receive my relieving letter/service certificate, I Will have to pay in lieu of notice to the company for remaining 80 days. But my new employer doesn't need the relieving letter. Now do I need to pay to get the relieving letter or can I just let go of relieving letter since experience is just 2 months? If I do not pay the amount, will the company take legal action against me?
Asked 4 years ago in Labour

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13 Answers

Company can ask you to pay for notice period. You can wait. Let company demand then you can pay. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Max. company can issue legal notice for recovery of notice period amount. s of now, you can refuse the to pay. Avoid calls from company.

Yogendra Singh Rajawat
Advocate, Jaipur
22661 Answers
31 Consultations

4.4 on 5.0

Dear Client,

If the current employer doesn't demand  for Experience Certificate then there is no need to pay for the same. Your previous company may send you two or thrice times notice for not serving the Notice Period and will demand money. You need not to reply that notices. 

 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

4.8 on 5.0

If you don’t pay company can sue you to recover salary in lieu of notice period 

 

better taje the relieving letter 

Ajay Sethi
Advocate, Mumbai
94815 Answers
7557 Consultations

5.0 on 5.0

it is always better take relieving letter from previous company. company can initiate legal action if you failed to pay. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Notice Period is a tool for the benefit of the employer.

- But , it is not mandatory to serve the notice period.

- Hence, your company cannot force you to compelete the Notice Period

- It depends on you to compelete the notice period for getting full salary and the Relieving letter. 

- If, you are not in need of Relieving Letter , then dont worry and join the other offer. 

- Since, you have already informed the company by way of resigation , then the company cannot recover the amount forcebly from you as per law.

 

Good luck and dont foget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13273 Answers
198 Consultations

5.0 on 5.0

You need to pay the basic salary for notice period you haven't served in company

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

See you can leave though if you fail to pay the company can file suit to recover the amount, they can give notice and if on notice you fail they can file a suit to recover same. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If you don't require the experience letter and it is not at all beneficial then keep mum but in future ask your family members or you also don't receive any communication from the company or if you got any communication on your mail then don't reply, join another company as nothing going to happen.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Since your company accepted your resignation and gave you resignation acceptance letter. 

Just move ahead and concentrate on your present job.

When the resignation is accepted, they cannot initiate legal action against you.

Be Happy !

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You can let go the relieving letter if your new employer is OK with that.

No need to pay any money for remaining notice period.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

You may get issue a legal notice and settled your all issues.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Since you cannot use this experience letter anywhere, you may ignore the notice period payment.

The company may issue a legal notice demanding the amount, you can ignore that also since you hardly worked for two months, they may not take any legal action for this small amount.

 

T Kalaiselvan
Advocate, Vellore
85011 Answers
2208 Consultations

5.0 on 5.0

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