Adoni Suguresh
Sr.executive (per & Adm)
Ryan
India's 1st Strategic Strengths Coach, Corporate
Kanika Kapoor
Soft And Behavioural Skills Trainer
+3 Others

Hi everyone

I was employed by an organization for about 1.5 years as a Business Analyst. The official notice period was for 1 month but considering my moral responsibility, I verbally communicated my decision to leave 2 months before leaving. I told my manager to find a replacement so that I can hand over all my responsibilities. But there was no action from their side and a negligent attitude was shown towards me.

Finally after 2 reminders I gave my resignation and left the next day. I did not receive any acceptance and even after continuous reminders for experience and relieving, my requests were ignored.

Now, the employer has sent me a legal notice asking me to pay a really heavy amount as a compensation for the loss.

Following is the clause in my appointment letter:

In case the employee does not serve a written notice of leaving the job before 30 days of leaving the job the

employer will confiscate the existing salary and has the right to claim from the employee for the loss borne by

the Employer to the extent equivalent to 30 Days salary Of Employee. Under such circumstances the

employer also has the right to declare and post on national skill registry about the unprofessional attitude and

written notice of leaving the job not being served by the employee

----------------------------

Please advise as to how should I respond and what should be done in this case.

Thanks in advance
10th June 2014 From India, New Delhi
Suggest you contact a lawyer.
Why did you not put your resignation in writing the first time? Many people make this error, verbally communicating the intent to resign, but not following up with the actual resignation.
Importantly - you did not serve the notice period. Hope you have strong reason for doing so. Please communicate the same to the lawyer who you appoint.
All the best.
11th June 2014 From India, Mumbai
Hi
There are hundreds of such cases as yours. You are fortunate that you havent been warned or threatened by your manager that your future shall be ruined by black listing you in the NSR set up by NASSCOM.
Unfortunately none of the IT employees realize that without having a group, it is not possible to be heard by anyone. If the concept of democracy in societies does not enlighten us, nothing ever will.
While the IT management and companies insist that an employee assosication is un-needed, they fail to provide a convincing reason for the existence and significance assigned to NASSCOM. They realize that unity and numbers make a huge difference.
Please check out AIITEA - Home and also spread the word to your friends and colleages
13th June 2014 From United Kingdom, Reading
Dear Friend,
Not communicating resignation in written is considered as so called "Dhamki's" by employers. I would suggest to meet the employer or the current HR; explain your situation and come to an amicable solution. If nothing works, only then approach AIITEA for your problem. As there is a fallout at your end too.
Regards,
Shivali

16th June 2014 From India, Mumbai
Hi...
When you have decided to resign from the Company, you should submit your resignation in writing to the appointing authority or dept head, by complying your terms of appointment order. By communicating oral message does not stand on record any where. After submission of your resignation, it is employers duty to make alternate arrangements. On or completion of notice period your employer cannot force to continue or cannot refuse for acceptance.
Adoni Suguresh
Labour Laws Consultant
16th June 2014 From India, Bidar
Hello,
Please go back and serve the notice period. Its a mistake from your side only. You should have submitted a written resignation/mailed in the first place.
It will be bad for your career.
Hope it helps!!
18th June 2014 From India, Delhi
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