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Labour Law Legal Advise: Expert Guidance for Your Rights

Frequently Asked Legal Questions and AnswersCategory: Employment / Labour LawLabour Law Legal Advise: Expert Guidance for Your Rights
Sridhar asked 2 years ago
Need Legal advise on Labour Law. I worked in a organization more than 9 years, then i gave my resignation on 15th March 2023. My appointment letter contains 1 month notice period only. But my Managing Director is forcing me to serve 3 months notice period. So i informed him that i cannot serve 3 months & i will discontinue on 10th April 2023 (served 25days of notice period). I said this orally to my supervisor and sent official email to my managing director... Now my company has sent me a letter stating that they have invested Rs720000 per annum for training me.... but they didn't give any training. they are forcing me to pay my 3 months salary. Ask your legal doubt of Legal advise on labour law | Get the best advice and Consultation. Top Lawyers in Chennai, best Law firms in India | Legal Services 24x7 Ask your legal doubt of Legal advise on labour law | Get the best advice and Consultation. Top Lawyers in Chennai, best Law firms in India | Legal Services 24x7Pls provide me Legal advise me how to sort out this issue. My appointment letter contains 1 month notice only. is it legal to force me to work for 3 months? I informed them officially that I can't serve 3 months notice as my appointment letter contains 1month only. And none of my older people and superiors server 3 months notice period. so I discontinued almost serving 1 month. Is it legal as per our Labour Law that they can force me to pay 3 months of my salary?

Inquiry Response with Legal advise on Labour law: Notice Period and Salary Issue

Background Information:

  • Worked in the organization for over 9 years.
  • Resigned on 15th March 2023.
  • Appointment letter states a 1-month notice period.
  • Managing Director is insisting on a 3-month notice period.
  • Informed supervisor orally and sent an official email regarding discontinuation on 10th April 2023 after serving 25 days of notice.

Labour law Legal Perspective:

  1. Notice Period: According to your appointment letter, the notice period mentioned is 1 month. This implies that you are obligated to serve a notice of 1 month before discontinuing your employment.
  2. Enforceability of 3-month Notice: Since your appointment letter specifies a 1-month notice period, it is legally binding unless there is a valid and mutually agreed-upon agreement that modifies this notice period. Therefore, it is not lawful for your employer to force you to serve a 3-month notice period.
  3. Training Investment: Your company's claim of investing in your training is a separate matter from the notice period and requires further evaluation. It would be prudent to review any contractual agreements or policies regarding training reimbursement or bonds, if applicable.
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Recommended Actions and Legal advise:

  • Respond promptly to the letter sent by your company, addressing the notice period and training investment concerns.
  • Seek Legal advise from an employment lawyer specializing in labor laws to understand your rights and options.
  • Gather any supporting documents such as your appointment letter, email communications, and any relevant company policies.
  • Consider negotiating a resolution with your employer, aiming for an amicable settlement that respects your legal rights in labour law and the terms of your appointment letter.
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