Notice Period Recovery Pay

Hello Dear,
I am very surprised to see this type of argument here….
I am just sharing my view on this topic the question which is Ricktylor asked it can be rooted any way but he need suggestions from members who can share their knowledge.
And also Mr. Ricktylor asked question and got influences in a very very short time That’s Great !

Dear,
you can avoid the notice period pay legally if this has not mentioned in the terms of appointment. If it is mentioned in the terms of appointment it amounts to an agreement between u and the employer and the notice period pay has to be paid at the time of leaving.
regards
raju

Hello All,
Greetings of the day!
I didn’t understand what is going on.
Employee and employer are bind with a legal document (Employment contract/Appointment letter/service agreement). So you should check the notice period clause and abide as mentioned in it. It’s the wish of the employer that it can wave out or else you have to go as per the clause mentioned. Discuss with the employer and settle the issue.
From employer side: this kind of act should not be tolerated by the employer. HR is the one who take the stress. Have you ever imagined how much a company will suffer losses if you terminate the services instantly? Employer should drag this kind of employees to the court.
NOTHING PERSONAL
Regards,
Shaikh Abedeen
HR Professional

Abedeen,

From your post,

I wish to ask if you are aware that no employer can force an employee to work for his company (even if they have signed a bond or service agreement or whatever you wish to call it.)

Secondly, if the employer will drag such employees into court, the employer ought to be ready with enough reasons to make the bond viable.

Thirdly, there is no necessity to pay the bond amount (amount quoted in the bond) by the employee. Such service bonds are viable only till the extent of the training cost incurred by the employee. As far as opportunity cost is concerned, unless you risk you are not to progress. If you stop hiring people just out of fear that they may leave you tomorrow will you succeed? Success is not achieved by pushing others back and pulling them down. It comes when we hone our skills so that we can push ourselves ahead of others.

Again there is a difference between estimated loss and penalty. If employers drag such employees to the court, the court allows payment of only estimated loss and not penalty.

Meaning to say that if the company writes in bond that

"You are bound to serve for a minimum period of 3 years (for example). If you break the bond you are liable to pay an amount of 3 lacs rupees."

OR

"You are bound to serve for a minimum period of 3 years (for example). If you break the bond you are liable to pay all the amount you earned till the time of your resignation"

Such are penalty. A reasonable amount quoted can be considered as estimated loss. It would be left to the court to reach to the conclusion on stating beyond which amount would it be considered a penalty.

I hope I clear your doubts. And if incase you feel I am falling short in experience to convince you, here I share the attributions to convince and put forth my points.

Is Employment Bond is valid in India

M/S. Sicpa India Limited vs Shri Manas Pratim Deb on 17 November, 2011

venghatsrinivas: Is employment Bond valid in india?

I am sure you would argue that this is regarding bonded labor, but would still like to share

Public Union For Civil Liberties vs State Of Tamil Nadu And Ors. on 15 October, 2012

Hello Ankita,
We are discussing regarding notice period pay and we are not discussing regarding employee bond so your post is irrelevant to this discussion. I am well aware about the employment law and keen to learn more.
Thanks for your post regarding employee bond. No employer can force an employee to work for its company as this will be the violation of our fundamental right.