Notice period need to be served?

[User_d8386fa4]

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User_d8386fa4
PARTICIPANT
January 28, 2025 at 4:07 pm

A friend of mine working in a sales store and in her appointment letter it is mentioned that they have to serve 2months notice or salary in lieu thereof but she dont want to serve and leave once she get her salary which she usually get by 5 or 6 every month.

She is planning to leave once she get the salary she is worried about experience letter and if the company might cause any issues if she leave without notice and how to take experience letter if she dont serve notice period.

Notice clause in her appointment letter as below:
7. Notice Period:
a. During Probationary Period, the notice of Resignation / Termination would be
Thirty Days.
b. After Confirmation, the notice of Resignation / Termination would be Sixty Days.
8. Resignation: If you intend to resign from the employment, you shall provide prior notice applicable as per the clause no. 7, in writing or salary (Basic + DA) in lieu thereof.

Note: she is working as a sales staff in a store like nike, reebok, puma etc

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[Luckywolf1489]

L

Luckywolf1489
PARTICIPANT
January 28, 2025 at 4:40 pm

Read recent order by Ahmedabad court on not serving notice period.
[https://www.hrkatha.com/news/ir-labour-laws-news/not-serving-notice-period-costs-employee-rs-5-lakhs/](https://www.hrkatha.com/news/ir-labour-laws-news/not-serving-notice-period-costs-employee-rs-5-lakhs/)

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[User_d8386fa4]

U

User_d8386fa4
OP
January 28, 2025 at 4:46 pm

It does not seem legit why enployee have to pay 5L even though their salary was only let’s assume 20k and np is 30days then max 20k should be recovered right

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[Luckywolf1489]

L

Luckywolf1489
PARTICIPANT
January 28, 2025 at 4:49 pm

Just search online, This is legit case. You will find references in most news websites.
You are just calculating salary for given days and not dependency of that employee on company business.
If company can prove loss due to not serving notice period, one will have to pay. This depends on case and how company & lawyer convince the court.

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[User_d8386fa4]

U

User_d8386fa4
OP
January 28, 2025 at 4:51 pm

Makes sense so lets say the person leaving mention some family urgencies over mail and disappear what a company can do in that case?

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[Luckywolf1489]

L

Luckywolf1489
PARTICIPANT
January 28, 2025 at 4:57 pm

I am not a lawyer but I think it depends on company.
In this case, she can check with seniors, manager. May be discuss with HR if they agree.

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