My name is Aryan. I recently joined a customer service role at a company. While on the training period of seven days, I had told my trainer that my laptop HDD drive got damaged and I have to leave the company because I am on the training period. Few days after, they gave me the full and final settlement that I have to pay around eight thousand rupees to them as a full and final settlement. Please, if possible, help me with this. I haven't received a single amount from them, and I will have to pay that amount even though they acquired me on a monthly salary of just twelve thousand rupees.
I am asking the lawyers if anyone can help me with this.
The company said that it's their rule that anyone who does not serve the notice period has to pay this amount, but why do I have to pay if I am on a training period? Now they are threatening me to pay the amount. Otherwise, they will file a case against me. Please, any lawyer who will give me the reply as soon as possible. That's what I have to do. Do I have to pay or do I have the rights not to pay this amount?
From India, Delhi
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I am asking the lawyers if anyone can help me with this.
The company said that it's their rule that anyone who does not serve the notice period has to pay this amount, but why do I have to pay if I am on a training period? Now they are threatening me to pay the amount. Otherwise, they will file a case against me. Please, any lawyer who will give me the reply as soon as possible. That's what I have to do. Do I have to pay or do I have the rights not to pay this amount?
From India, Delhi
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I already told them the queries but they do not help me with this and they will file a case on me.
From India, Delhi
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From India, Delhi
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Dear Mr. Aryan,
Please refer to your Appointment/Training Letter. If any clause related to notice period during training/probation period is mentioned in it, then the company can charge. But usually, the Notice Period is not applicable during Training or Probation period.
As for the case concerned, on what grounds they can file a case, if you have returned all the assets of the company back.
From India, Chandigarh
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12Please refer to your Appointment/Training Letter. If any clause related to notice period during training/probation period is mentioned in it, then the company can charge. But usually, the Notice Period is not applicable during Training or Probation period.
As for the case concerned, on what grounds they can file a case, if you have returned all the assets of the company back.
From India, Chandigarh
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Dear Mr. Aryan,
You are safe, no need to worry. Please go through your appointment letter also. If any clause mentioned in it for the recovery of short notice pay during the training/probation period is there, then you will be liable to pay as you have already accepted the letter of Training/Appointment before joining. If in any case the clause is silent related to recovery during short notice, then also you are safe.
If they want to recover the cost of the Hard Disk Drive (HDD), then you might be liable to pay for any physical damage to the company asset.
From India, Chandigarh
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You are safe, no need to worry. Please go through your appointment letter also. If any clause mentioned in it for the recovery of short notice pay during the training/probation period is there, then you will be liable to pay as you have already accepted the letter of Training/Appointment before joining. If in any case the clause is silent related to recovery during short notice, then also you are safe.
If they want to recover the cost of the Hard Disk Drive (HDD), then you might be liable to pay for any physical damage to the company asset.
From India, Chandigarh
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Aryan, you just ignore the demand from the company. You should not pay a single pie to the company because of two basic reasons:
1. A customer service executive is a workman under the Industrial Disputes Act.
2. A workman is not bound to give notice nor pay any compensation/salary in lieu of notice if he wants to quit the employment.
Therefore, even if there is a mention about notice period and payment in lieu of notice, the same will not be maintainable. Therefore, just ignore the mail or reply saying that:
"I was appointed as a customer care executive. The role does not involve any supervisory functions nor did anybody report to me. As such, I was a workman under the provisions of the Industrial Disputes Act 1947. Under the ID Act, there is no provision that a workman leaving the employer should give notice or pay compensation. The notice required to terminate employment applies only to the employer and not to the employee. As such, I will not pay any amount, and if you repeat the demand, I will be constrained to take legal action against you by approaching the Officer concerned of the State Labour department."
From India, Kannur
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1. A customer service executive is a workman under the Industrial Disputes Act.
2. A workman is not bound to give notice nor pay any compensation/salary in lieu of notice if he wants to quit the employment.
Therefore, even if there is a mention about notice period and payment in lieu of notice, the same will not be maintainable. Therefore, just ignore the mail or reply saying that:
"I was appointed as a customer care executive. The role does not involve any supervisory functions nor did anybody report to me. As such, I was a workman under the provisions of the Industrial Disputes Act 1947. Under the ID Act, there is no provision that a workman leaving the employer should give notice or pay compensation. The notice required to terminate employment applies only to the employer and not to the employee. As such, I will not pay any amount, and if you repeat the demand, I will be constrained to take legal action against you by approaching the Officer concerned of the State Labour department."
From India, Kannur
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Full n final settlement.doc