Anonymous
in Labour Law
Asked October 10, 2021

Legal notice from employer

  • 1 Answer
  • 67 Views

Legal notice from employer-is the employment contract valid and enforceable?

My wife has been served legal notice by her employer as she has left her job without serving notice period. The notice period was 2 months if probation passed and 1 month if on probation. He(CEO of company) is demanding 1.5 lakh plus 2 months salary and 24% interest. He has also verbally abused and threatened and mentally harassed I need help in - 1- Understanding if the clauses added in the employment contract are even valid as per labor law/contract law. In my understanding they might be arbitrary but need expert opinion as the employment contract is signed. (Clauses 7a,7b and 7c in the employment offer) 2 - Replying to the legal notice 3 - Drafting terms of settlement - even if in the worst case 1 months notice is served; it will be 9 hours a day and the salary will be paid in full after serving notice period else we will take legal measures.

Answer 1

The requirement for a notice period of 2 months is not invalid per se according to labour law. The Industrial Disputes Act, 1947 specifies that a notice period must be given before resigning. The requirement usually varies from company to company and two months is not something which would be considered normally arbitrary. However, the verbal abuse, threat, harassment and demanding a high compensation must be challenged. 

With regard to replying to the legal notice and drafting terms of settlement, you can avail the services that are offered in the homepage of Lawfarm.

Agree Comment 0 Agrees about 2 months ago

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