Leaving A Company Without Notice Period - CiteHR
Vicky Bajaj
Sr. Analyst
+1 Other

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Dear All,

I am a finance professional and working with consultancy company as an Sr. Analyst. I have joined this company on June 2015 and company promised me to pay a amount say X per month w.e.f june 2015 upto nov 2015 and as discussed during joining X + 10000 Rs from Dec 2015. Further as discussed with them Salary appraisal would be done as soon as i complete 1 year in the company which mean salary would have been appraised in the month of June 2016. Moreover, i have also signed with them a Bond of 3 yrs

Issues in the Existing Company

1) Company is not following its own commitment of salary appraisal

2) Company is involved in false practice which i would not like to disclose here.

3) Travelling issue

Due to above issue, i had given resignation on 31st August 2016 to the management mentioning the two facts : 1) Travelling Issue 2 ) Salary Appraisal

Management promised me to look into the matter since then. Moreover, now company is putting back its own words of salary appraisal w.e.f June Month. Company is saying that salary appraisal would be done from November 2016 which is also not done as on date. and management is avoiding discussion in the matter.

Considering the above facts, i am of the view to leave company without serving any notice periods.

Pls guide me in the matter

See if you have all these conditions in writing in mail or contract form you are safe. As the breach of contract is made by th company then. You have all legal rights to rescind the contract. So if you did not take the appraisal, or any such emolument, you can leave without any notice period.
Now there is a important issue, there is something called tacit acceptance. It means
"Implied, inferred, understood without being expressly stated. Tacit refers to something done or made in silence, as in a tacit agreement. A tacit understanding is manifested by the fact that no contradiction or objection is made and is thus inferred from the situation and the circumstances."
If you accept the salary in an appraised form from Nov 2016, it may be understood that you accepted the new position and you may loose your advantage.

I don’t have in writing and I have only offer letter which is silent on salary appraisal. Moreover HR knows this fact and now she is not in position to say truth due to management pressure.
Dear Vicky Bajaj

Unless completing the period of Notice if you resign the company may demand the money in lieu of Notice period if offer letter contain the clause thereof however since your offer letter is silent on the issue of Salary apprisal also if you don't have the same in written then No legal Action can be taken against company. Hence its depend on the management discretion with regard to salary apprisal. Also since you have signed the bond of 3 year in this scenario company can demand the money actaully spend in your training in form of breaking bound however No company can hold the any employee to serve their employment by way of executing service bond as the bounded employment is illegal in india. If the company backing off from its promise Therefore it is batter for you to complete the period of Notice then you can resign. With regard to salary apprisal you cannot insist the management as to offer letter does not contain the clause of salary apprisal?

Thanks & Regards

V SHAKYA

HR & Labour Law Advisor

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