• Is the notice period present in the appointment letter a legal bond

I was employed at NLC coorporation as a doctor but i have to leave the job after 15 days as my father was quite sick and the appointment letter did mention that i have to give a notice pd of 3mths but as such there was no legal procedeings mentioned in it and furthermore I didn,t took any money from them and has no dues against me and as far as i know an appointment letter does not imply a legal bond but they are sending me emails asking me a payment worth 3mths salary or otherwise threatening me with a legal action . can they do this and what should i do.
Asked 6 years ago in Labour

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12 Answers

No legal action can be initiated, as no remedy suggested in appointment letter, if notice period not served. Avoid and block their mail.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

It is not a legal bond but is a valid terms of employment agreement by which you are legally bound to pay up for the unserved   notice period if any. In default employer can sue you in court.

Three month notice is an widely accepted terms of employment. So you can not defend it on ground of any  unfairness and/or abnormalities in it.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

See since you failed to serve the notice period they can give a legal Notice and if on same  you fail they can file a suit to recover the 3months salary as damages. And you have to contest same. If they gave you no training and as such there is no loss you can contest , though the agreement is valid one.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

- As per Specific Relief Act , if any employee quits before the notice period ,the Employer can recover the Notice pay , but cannot force to serve the entire notice period.

- Further, the resignation decision is the employees decision , and the employer cannot sue for breach of contract , if the employee leave without serving contractual notice. 

- If, there are no clauses for notice period and its legal proceedings are given in the appointment letter , then you are not bound to serve the notice period as well. 

- Before taking any legal step against you, the company will issue a legal notice , then you should reply the same after narrating the reasons for leaving the job.

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

Hello,

Yes they certainly can sue you if you have violated the terms of the agreement by leaving the company .

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1) you have to serve 3 months notice period or pay salary in lieu of notice period 

2) if you fail to do so company can take legal proceedings against you 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

An appointment letter is  contract enforceable by law. Once you accept it you are boind by its terms and conditions.

They have a right to the terms. But as you have a genuine reason therefore they can waive off their right to sue.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If you have signed the employment appointment letter then you are bound by the conditions since you have agreed and accepted the conditions of employment.

If the conditions mention that you are required to give three months notice or to compensate the company with three months salary, then you are obliged to comply with the conditions, or else the employer has rights to sue you to recover the amount from you through the legal procedures of law.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

You need to only pay for notice period with your basic salary that's it

Prashant Nayak
Advocate, Mumbai
34531 Answers
249 Consultations

1. Legal proceedings as a consequence of violation of notice period is not required to be mentioned in the contract.

2. The employer can file a suit for damages against you on account of breach of contract.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

you can serve the notice period specified in the employment contract or you can pay your monthly salary for the notice period month(s) as mentioned in your employment contract / letter.

if you do not serve the notice period prescribed in the contract then the employer can sue you for damages on account of breach of contract . 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes an appointment letter is legal contract between employer and employees.

And you have violates the term of notice period so you are liable to pay them 3 months salary as per your appointment letter. 

Otherwise they can initiate legal actions against you

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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