could you please tell me what legal action a company can take if i dont want to serve notice period.
I have joined a org two months back, now i'm finding it difficult to work here and I want to leave this org without serving notice period which is 6 months. I am in probationary period of 12 months. company says that they have right to recover 6 months salary if notice period not served. I dont have that much money(2.5lacs) to pay and I dont want to serve notice period as i got job offer from other company and they want me to join within one month.
please suggest me what should I do now.
what will happen if company takes legal action . and what kind of actions a company can take in this situation
From India, Hyderabad
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In my opinion, you can not be legally bound to pay in absence of a Bond to pay or serve with the Company. your absence can, however, be treated as 'unauthorized' one by the company with consequences like punishment. In case you have entered into a Bond, you may be sued to pay the same to the Company.
From India, Mumbai
frusstmanI dint sign any bond.. it was just written in appointment letter.
It was also written that u r in probationary period and after evaluation if company finds ur performance they can dispense me any time with or without notice.. so if company can terminate in probation period thn why can't I??
From India, Hyderabad
I have a bit different situation but similar context. I joined company on 30th Aug 2010. Now I have put resignation (in written) on 28th Feb 2011. Regarding Probation Period, Contract Term and Notice period, my Appointment letter reads exactly like this:
"Probation Period 6 months from Date of Joining
Upon successful completion of your probation period, your services will stand confirmed automatically. In case of any extension in the probation you will be appropriately informed in writing.
Contract Term and Notice Period This is an at will employment and may be terminated any time
i) by giving 1 month advance notice, in writing, during the probation period or payment in lieu thereof to the other party or by giving 2 (two) months advance notice, in writing, after the successful completion of the probation period or payment in lieu thereof to the other party; based on management approval.
ii) If in the reasonable opinion of Company you are guilty of serious misconduct, Company may terminate your employment summarily without notice and any payment thereof. Serious misconduct includes, but is not limited to, dishonesty, theft, misrepresentation, breach of the Substance Abuse Policy; refusal to obey a reasonable command of the Company or breach of the Code or Code and applicable laws."
Now I have following queries:
1. Am I still on probation period and so my notice period applicable is 1 month?
2. I have to join my new company within 15 days and so I have asked for early relieving. But they are not ready to relieve me early even I am ready to buyout notice period. And even my employer is not ready to extend joining date. In this case, what can be done?
3. If I leave company without serving complete notice period, will it be legally objectionable and may call for legal action against me?
4. My new employer HR is ready to accept my joining with just acceptance of resignation letter and does not necessarily required relieving letter. But would that be legally and professionaly correct to follow this route?
5. What are the chances of old company holding and not trasferring my PF amount, which is quite much?
The answers to your queries goes like this:
1. If you have joined on 30th August, then your probation period is over and as per the clause you are automatically be permanent in the organisation, so the notice period is 2 months.
2. If you are ready to buy back your notice period, why the company is not relieving you that is not mentioned in your post, is it because they want you to handover things properly. request them for your early relieving that is the only option.
3. If you are ready to buy back your notice period i don't think that can call for anything legal.
4. It is perfectly fine if you have a copy of acceptance of your resignation letter, most companies accept that. I think both legally and professionally its fine as the Resignation letter has acceptance of your manager. But in long term you may require experience certificate.
5. PF cannot be stopped by any organisation, it is your legal right. IF the employer do not sign on your PF form , you can submit it directly at PF office in your area and it will be transferred in your new PF account.
Make sure...don't run away from problems in organisation, you never know you may come across same problems her in this company....what will you do then..leave tis company as well. Think about it...job hopping may not help in long run.
From India, Delhi
reena kaurHello all,
could you please help me
In my case:
I have joined a consultancy 1 march 2012, I signed appointment letter which is mention that my noticed period is 1 month, Now I have got job offer from other company any I want to serve 1 week of notice period, even I am ready to buyout notice period and also i am ready to handover also the responsibility to my backup. After all these my company is not will to reduce my notice period.
Now what should I do? Please help me out.
From India, Delhi
My case is a bit different ,
I resigned from a reputed bank wherein i was required to serve a notice period of 90 days , i resigned on 11/10/2012 and asked them to relieve me at the earliest - that is what i have in writing, post which my supervisor asked me how many days can i serve for? i told him i can serve for a month i.e - till 11/11/2012 i.e -32 days ,he told me they would relieve me before that mostly by 31/10/2012 -post which i asked him whether i will be required to pay notice pay since i had accumulated PL of 43 days ,plus my notice period served would be 21 days hence 26 days notice would be pending,he confirmed that he would waive it and i would not be required to make any payment for it nor would i require to adjust salary in lieu of notice pay, coz ideally if i was to pay then i would rather serve for 32 days and pay only for 15 days and not serve for 21 days and pay for 26 days as they said,since they confirmed that they would waive the pay i accepted the same and my LWD was 31/10/2012 , i dint receive my october months salary and hence mailed the HR to process my F & F and i have got a mail from them saying my dues of 26 days are pending and they would not process the F & F if i do not pay the same,
What should i do ?
From India, Mumbai
company cannot do anything to u , if u got good opportunity in some where else . u can leave the company with out any notice also , one can do anything to u legally or illegally , just be confident to u r self , if u signed any bond nothing will happen , its all about formalities , u can break the bond ,
Dont mis the opportunity , if u mis . then it transfers to some other person
From India, Hyderabad
MaddyalamSir I joined coal india limited on 18th sep 2010...i have to serve the company for 50 months with security bond amount of rs 50000..(we have signed this bond, so rs 1000 was deducted per month)
In March 2012, they introduced a new bond circular according to which we have to now serve for 60 months with security bond amount of rs 3 lakhs.. (we have not this bond but this bond is applicable to all of us and rs 5000 pet month is stared to deduct from our salary ). Our basic is revised and increased after this circular..
In 17th sep 2015, I am going to complete my 60 months service... But unfortunately in 2013 I was not able to do my service for 8 months due to illness.. And for those months extraordinary leave granted to me without pay, as I had no leave at that time..
Now I am selected in engineering services examination.. So I have submitted my resignation to the company with 3 months notice, which will be going to complete on 17 November 2015...
I submitted an application to them regarding my resignation that I am going to complete my 60 months service in September 2015.so please refund my deducted bond amount..
But they refuse it, saying that I have not completed my bond period of 60 months due extraordinary leave without pay granted to me. So now I have to pay the remaining bond amount to the company...
Sir I want to know that extraordinary leave without pay will be considered as a part of bond period or not?? As I have not found any guidelines or circular regarding this... Please help...
From India, undefined
Anoop PalI resigned from my current organization on 08/18/2015. My last Working Day (after adjustment of leaves) is turning out to be 10/06/2015. However, I want to be relieved on 09/25/2015 as I have to join a different organization on 09/28/2015. So I went to my manager and HR seeking for the option of buying out remaining days of notice period (11 days). But my manager and HR both declined me the option of buying out the notice period and told me that I would have to serve complete 60 days of notice period and my LWD would remain 10/06/2015, else I would not get my relieving letter. My offer letter has the following verbiage:
9. Separation from the company
a. The retirement age of the Company is 58 years. At the time of formally resigning from service you
shall serve the 60 days of Notice Period.
b. When you formally resign from the service of the Company, the Company may, at its discretion,
permit you to
i. Adjust the vacation leave accumulated toward part of the notice period.
ii. Pay up for the notice period in lieu thereof on your Annual Gross Compensation.
c. If your services are terminated by the Company due to misdemeanor, unsatisfactory performance
or any other disciplinary matter, the Company will pay your salary for the Notice Period starting from
the date on which Company informs you of such matter. If the termination of services is for reasons
mentioned in 1 (a) above, no salary is payable for the Notice Period.
Question: Is my manger and HR right in saying that I don't have an option of buying out my notice period and it is there choice to decide how they want me to leave i.e. either by buying out or serve the full notice period.
What option do I have as an employee in this situation. Can labor court help me in this? All suggestions are welcome. Thanks.
From India, Delhi