Can company enforce notice period not in signed agreement?
I recently joined one company in which I got offer in offer they have mentioned I have a three months probation period and I have signed employment agreement and haven't read it but in employee agreement they did not mentioned probation period and after 2 months have resigned but as per employee agreement they are asking me to pay 3 month salary or I have to serve three month notice period so how can I handle this situation without paying any money or without serving notice period
Dear Client, No. The company cannot enforce notice period, not can it demand 3 months’ worth pay, unless the terms with regards to these conditions have been incorporated into the agreement. In India, the employment agreement supersedes the offer letter. Thus, only the general terms of termination can be enforced by the employer. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
If the probation clause is only in the offer letter but not in the signed employment agreement, the company cannot legally enforce it. Politely refuse to pay or serve notice. Send a legal notice explaining the issue, and if needed, get a lawyer to support you in case they act unfairly. For further legal assistance contact us on our helpline number.
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