• Offer letter not contain term salary lieu thereof for notice period

Dear sir
my offer letter contains that I have to give three month notice Period to employer if i terminate my service from company.There was no clause of paying salary/basic salary  lieu of short fall in notice if i failed to complete the notice period.Now company asking me to pay full three month salary as compensation. is company right to ask such amount without inserting this term in offer letter also they threatening me for legal action if not paid.
I Had served one month notice due personal issue(mother serious illness) and hand over all document to Reliver (new employee in place of me). Also all  company asset to hr, that time hr not informed me  about paying notice period but now after six month they asking me to pay .is it legally correct.before leaving if they informed me about notice pay that time i manage to serve notice.is this not a company fault to hide such sentence because generally every letter clearly stated that notice period or salary/basic salary lieu there of .company is   saying that they had operation loss due to my absent,sir how it is possible if had been properly handover  to my replacement.when i left the company ,i ask head to relive me due my mother critical condition.He instruct the HR by mail to relive me if i do the handover formality to new person.I did the same. kindly suggest me if not pay what legal action they take.
Asked 2 years ago in Labour from Mumbai, Maharashtra
1) Only if there is clause in your contract would you have to pay 3 months salary in lieu of notice period 

2) you are bound to only give 3 months Notice under your contract 

3) if you have served only one month offer to work for another 2 months 

4) it is doubtful that company will take legal proceedings against you 
Ajay Sethi
Advocate, Mumbai
45421 Answers
2668 Consultations

5.0 on 5.0

1. Even if it is not stated in the contract that you have to pay the salary equivalent to the notice period if you do not serve it it has to be interpreted as such. If an employee does not serve the notice period and also does not pay salary of it saying that there is no clause in the contract to the effect that I am liable to buy the notice period then the clause of notice period will be rendered redundant in as much as the company will be without a remedy. 

2. You can be sued for the recovery of salary and also damages for breach of contract if you do not serve the notice period or pay salary of the notice period.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, When there is no clause in the offer letter they you need not pay the amount, nothing will happen and the Company can't do anything even though they opt for legally.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

Lack of transparency in the employment offer letter is a lacuna to the employees and an advantageous situation to the employer.
Did the company settle all your dues including the F&F due to you?
If not send a letter by registered post demanding the settlement owing to the relieving from the company on so and so date.
Let the company decide about issuing reply notice and demanding the 3 months salary, then you can issue a legal notice stating that there is no such clause in the offer letter and whatever being demanded now in this line shall be unlawful and illegal. 

If the company is not responding properly or complying with your demands then you may plan to initiate legal action through labor law or civil court filing a money recovery suit.
T Kalaiselvan
Advocate, Vellore
35583 Answers
385 Consultations

5.0 on 5.0

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