• Do I need to pay the company as an intern if I don’t wish to serve a notice?

I was an intern at a luxury MNC. However, I wish to resign in 8 working days as the work culture and environment was extremely toxic with no concept of even designated lunch breaks. I was also working for more than 10 hours on the days I worked. On resigning, the company HR has told me to pay 13K to the company (my stipend was 20k) as I don’t want to serve the notice period of 30 days written in my contract. What should I do?
Asked 5 months ago in Labour

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7 Answers

Hi

If there is written contract between you and the company , you l have to serve the legal notice period. However, if you wish to resign before it , try to negotiate the notice period. At the last resort, work out the amount payable in lieu of the same.

For elaborate legal remedy, please feel free to reach out.

 

Thanks

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

You have to serve notice period or pay salary in lieu of notice period 

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

Since you have accepted the conditions of the contract/employment and signed the offer letter you are bound to comply by the terms and condition.

If Rs. 13K has been fixed to relieve you from this contract then you can think about it and get away from the situation instead of lamenting  over the consequences that may arise due to your non compliance of the conditions/procedures of employment..

T Kalaiselvan
Advocate, Vellore
87420 Answers
2348 Consultations

- Since, you was an intern, it means that you was on probation period.

- As Probationary periods are often applied to new employees as a means of determining their capabilities in a new job.

- Further, the employer can terminate during the probation, and employee can also leave the job with the terms and conditions mentioned in the appointment letter for probation. 

- Further, if an employee leaves the job during the probation period, then it not harm his career, and generally many company stipulates in contract, that during probation period either party can terminate the job with or without any notices.

- You are not bound to pay any amount to the company as you was on probation period 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Dear Client,

Serving the notice period is completely based on the terms and conditions of your contract. Carefully review the specific clause in your contract regarding the notice period. Check if there are any provisions or clauses related to working conditions, employee rights, or any mention of a probation period where the notice period might be different. Approach the HR accordingly with your concerns on the toxic work environment. Should you require any further clarification, please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

1.  It's not clear in your query as to whether you are under probationary period or a confirmed employee?.

2.  Assuming that you had recently joined the MNC and have resigned, then you need not pay Rs. 13k to the Company if you don't need experience certificate and relieving letter.

3.  Before getting relieved from the MNC, ensure that you return all the Company's properties, including laptop, etc and obtain acknowledgement.

Shashidhar S. Sastry
Advocate, Bangalore
5424 Answers
330 Consultations

You need to either serve out the 30-day notice period OR pay the amount stipulated in your agreement. There is no third option.

Swaminathan Neelakantan
Advocate, Coimbatore
2936 Answers
20 Consultations

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