Leave during notice period and short fall notice period payment?

Question

In my company, there is a notice period of 3 months and if any employee leaves before that notice period, he/she has to pay the amount for that duration to the company. I would like to know how the tax is applied on that.
Whether this amount paid to the company will be deducted from annual salary and will be exempted from tax in INDIA.

If employee leaves without permissin of employer, then can employer take action against him/her?


Is it possible to take leave during that notice period, and get relieved after 3 months ?

Answer 1

I have already answered to your similar earlier question regarding taxation.

Now you want to know about legal action. Some companies just forget it. Some companies take action and go to court. In my view it is only to scar the other working employees. If you have not given them any of your education certificates, then you can take a chance.

Leave during the notice period is not passable. Regarding taxation point, my last answer stands. Regarding legal aspect, it is better consult some advocate. For legal matters no one can give you accurate answer in Yahoo answers. They can only tell you their views. OK.

Answer 2

there is a notice period of 3 months and if any employee leaves before that notice period, he/she has to pay the amount for that duration to the company. I would like to know how the tax is applied on that.
Ans.
There is no tax relief paid for notice period shortfall.

Whether this amount paid to the company will be deducted from annual salary and will be exempted from tax in INDIA.
Ans.
Tax for Income from salary income will be due only when the employee is paid salary and not otherwise.

If employee leaves without permissin of employer, then can employer take action against him/her?
Ans.
Unless you are properly relieved you continue to be part of your previous employer. Secondly the new employer / company will ask for relieving letter to be on the safe side.

Is it possible to take leave during that notice period, and get relieved after 3 months ?
Ans.
Generally the leave is not approved unless it is in exigency - like medical / sickness. Relieving happens only after completion of the 3 months notice period.

Answer 3

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