Apni Law Staff asked 2 years ago
I’ve been with my company in Mumbai for over two years. A couple of months ago, I got dengue fever and was unable to work. Unfortunately, I was released from my project and put on the bench. Since my parents are in Bangalore and I’m still recovering, I moved there. I’m not working and losing pay. I submitted my resignation on January 10th, with a last day of January 13th. I emailed my manager and HR the same day. Today, I got a reply from HR saying I owe 87 days of salary because my notice period is 90 days. I can’t afford to pay this, and they’re going to deduct it from my settlement. My last day is tomorrow. This seems unfair, especially since I was on the bench. What can I do? Is there any way to resolve this?
Best Answer
Apni Law Staff answered 2 years ago
Under Indian law, you are legally obligated to fulfill your contractual notice period unless mutually agreed upon. Your illness and subsequent bench placement do not automatically negate this obligation. You can try to negotiate with your employer to reduce the notice period or reach a settlement agreement. If they refuse, you might have to pay the remaining salary, although you can explore legal options to contest the deduction, especially if you believe there were unfair circumstances.
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