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UHello folks,
I joined a company on 2nd of September but had to leave the company on 7th of November cause i had to have a surgery and couldn’t carry forward field job.
I returned all their asset and Company accepted my resignation and promised to do FnF by 28th of jan.
But they send another email recently asking for around 42000Rs without any explanation , only they mentioned i did not serve notice period so i need to pay it. But they did not talk about notice in first place also I was on probation.
They have 2 months of TD and DA pending around 12k along with tab cost deduction they did.
In the offer letter it say clearly that “during the period of probation either party may terminate the contract without notice and without assigning any proper reason”. -
HSince you were on probation, they legally cannot enforce a notice period payment unless explicitly stated otherwise. Stay firm and insist on a proper explanation.
Write an email marking payroll/finance politely refer to the probation clause in your offer letter and ask for a clear breakdown of the ₹42,000 demand, also mention the ₹12,000 they owe you (TD, DA) and ask for immediate settlement.
If they refuse to pay or insist on the demand, consult a labor lawyer or escalate the matter to labor authorities.
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U1. No one can enforce any notice period or employment lock in at all in India.
2. All they can do is to stop paying you, or withhold your salary at worst. They cannot take money from you at all in any case, unless they’ve paid you that money as advance salary.
3. In your case, you are allowed to leave without notice, so they can’t withhold your money or charge anything from you.
Stay firm, tell them that it is the law, and you’re going to put the truth on linkedin and you’ll file a formal case in the district court.
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