Response

Private employment in India is not governed by any standard regulation in India. Only the formal employment agreement determines the terms of employment. You must serve a one-month notice period if you signed a contract that said you could not resign without giving one month’s notice. Everything will come down to the agreement’s terms and conditions.

An employment agreement is a legally enforceable contract between a company and its employees. Specific parts of employment are covered under the contract. Wages, health insurance benefits, pension benefits, and bonuses are among them. Employers typically enable employees to quit early if they pay the firm for one month’s wages. When an employee quits a position before the notice period expires, he or she is usually expected to pay a fee to the firm to cover the remaining time.

Salaried employees will now be required to pay a predetermined sum to the employer as well as 18% GST to the government if they quit their employment without giving the required notice period. The Gujarat Authority of Advance Ruling made the significant decision. According to the judgement, an employee who leaves a firm without finishing the notice period must pay 18 percent GST as well as the wage for the remaining term to the company.

As a result, you might try to resolve the situation with your HR department by offering to pay for the time you did not serve during the notice period.

Reference: No standard legislation available – – AHG163 – 202100581 – 83 – 79 – 2021001252021004113260

LAWAYZ-2023-952