I faced a similar situation two years back.. The legel opinion says that no employer can arbitrarily fix conditions of employment,. So in my opinion the organization cannot sue you for not serving full notice period.
From India, Bombay
Festive Greetings All.

The query raised and the responses received from seniors and stalwarts is very very introspective .

Just wanted to share my opinion as most of my friends are from Pharmaceutical sales and marketing field and if considering the recovery liability entrusted here on the query raiser it would had been appropriate on his part if he had made it absolute clear in the form of written memo stating the hand over details including the pending liabilities to the employer before hand , so that the employer was made aware before hand of everything.

Now if the employer is suing the query raiser is only because the best clientele along with dues are at stake, when the query raiser needed he got the job and the responsibility endured may it be written or verbal or granted solely lies on the query raiser.

Please note iam not supporting anyone here, as seniors have told earlier and in earlier quotes the query raiser is liable for only five days worth of notification but as HR arent we responbile to make every one aware and responsible of everything even during exit.



From India, Mumbai
My colleague after understanding the handover documents & details has written over mail to my VP-reporting authority acknowledging receipt of everything including outstanding collections list with updated status & details of concerned contact persons.of client.

Yes this record was also shared/informed to my reporting authority, colleagues, finance team, execution team in writing over mail & soft copies with proper listing prior to my exit.

In my resignation, I have requested company to agree for notice-pay i.e. 1 month salary & before leaving I again requested them to adjust the shortfall in notice from my due leaves.

No I am not joining competitor rather shifted the entire industry segment.

They are denying the handover instructions since I have nothing written record for the same. Actually I was contributing to their organization in a big way. They don't have my exact replacement though they may parallel lines & back up lines.

They rejected my resignation showing the clause of appointment letter "If You Are Entrusted With Any Special Assignment You Will Not Be Allowed To Leave The Organization Without Implementing The Same In The Company To The Satisfaction Of The Company".

Actually they are framing my general sales & service as special assignment declaring the client base as special portfolios & claiming the entire outstanding recovery as my sole responsibility to add merit to their demand.

But I want to know the foll.:

1. What could be the legal consequences for not attending 5 notice days?
2. Why they are asking me to withdraw my reply?
3. CAn court ask me to compensate vcr rupees?

From India, undefined

""1. What could be the legal consequences for not attending 5 notice days?
2. Why they are asking me to withdraw my reply?
3. CAn court ask me to compensate vcr rupees?""
The worst consequence for 5 days notice could be deduction for tfive days.
The company wants you to withdraw your reply so that lack of reply can be used against you and show you in poor light.
The court will not ask you to repay 5 crores,
You were a team member and the whole team is doing sales and being accepted by management.
Question of solely making you responsible will not work out.
That way no sales Engineer can ever leave the job from your company.
There will always be o/s credit collections and then they can reject exit.All you should have done is give a written brief with all details of sales,contact people of client and reference to sales orders etc from client.
This is a pressure technique and will not finally go to court,if there is nothing hidden in your query.

From India, Pune

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