9871103011
Private Consultant On Labour Laws
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Hi,
I'm a software professional,a month back I joined a MNC.
But recently I got another decent offer from other company.and they want me to join them asap.
In my current company I didn't get project yet .
I want to accept new offer of another company because I have been selected for a particular project.
What would be legal consequences incurred if I abscond my current company?
Can they ask me for notice period amount?
I'm not expecting reliving/experience letter from them.I don't have any asset except ID card from current company.
Current company's notice period is 90 days and there is no probation clause included in appointment letter.
Please guide me...
Thanks,

From India, Pune
Dear Vishnoo,
This is the major process (I say it problem) with Most of IT Firms. They engaged employees only in the condition for no probation, no notice period, notice period salary back. if you see the appointment letter of this type companies, it is found that they are not only hired you but also they buy you for an uncertain period. there are few clauses present in your appointment letter regarding separation, you may advise to please read care fully and act accordingly.
one unprofessional advise is, if you not mentioned your existing company reference with your current offered employer. than let is go. Who care the notice period, in the minute you decide to leave the company, you will not work mentally.
Thanks
Surendra Shekhawat

From India, Jaipur
Hey Surendra,

Many thanks for your comments! that would be really helpful.. :-)

I'm giving Notice period and Termination clauses mentioned in my appointment letter,

Notice Period

The notice period for relinquishing your service from the company will be Ninety calendar days.For reasons other than breach opf contract or for cause,where termination without notice,the company will give you Ninety days notice in writing or ninety day's Gross monthly salary in lieu of the notice period.

Termination

This agreement shall terminate upon your death and/or for cause.Cause means (i)any act of dishonesty,fraud,misappropriation,embezzlement or similar conduct against the company,its parent company,sister and affilated companies and clients.

(ii)the commission of any act resulting with you being charged with a crime which is in a reasonable opinion of the company brings the company or you into disrepute.

(iii)inability to perform duties at minimum expected level/criteriaare set by your manager.

(iv)inability to perform duties due to medical reason

(v)in the event of unauthorized leave

From India, Pune
Dear Vishnoo,

My advise to you would be that if you are not in position to serve them and want to join your new company immediately, the best way is to deposit ninety day's Gross monthly salary in lieu of the notice period as stipulated in your trems & conditions of the appointment.This will create a good image and you will able to join the new company with calm & without tension.Though we always think of SHORT-CUT but it doesn't work always.Suppose you join your new company without getting relieved from the old company and you are not able to adjust youself in the new company due to short -tempered boss or project being not of your liking or many more similar reasons.In that case doors are opened for you to come back in the old company.

We should understand that the empoyers too have their associations and mutual respect for each other and if your old employer happens to mention to your new employer,the impression will be created that you have been in a habit of doing such things and may repeat the same with your new employer.

BS Kalsi

From India, Mumbai
Dear Vishnoo,
Legally you have to give three months notice and the other option is to request the management to relieve you by waiving the notice period. Absconding from a company will taint your reputation for a long long time. Any decent company would not like to keep an unwilling person. Hence build a healthy trend of your reputation by proper resignation and reliving.
Kannan

From India, Madras
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