rajat-kumar1
Hi Team,
I left my job immediately due to my father's health situation. Because I need to take care of my dad. Firstly I put resignation for 1 month but Hr told me you will have to serve 2 month notice period. I tried to talk my manager but he was very upset about my resignation and he is not interested to talk with me. I don't like this so I mailed to company about immediately resignation. I my resignation I mentioned my unforeseen circumstances and FNF and I have give my all assets to the company employee and telling him that I'm leaving this company right now. And They didn't give me any appointment letter and In my offer letter they mentioned 2 month notice period and they didn't have mentioned any compensation about the notice pay. And they threatened me for legal notice. My question is that should I pay the 2 month notice pay amount or can they send legal notice related to absconding case.

From India, Lucknow
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Dinesh Divekar
Business Mentor, Consultant And Trainer
Saswatabanerjee
Partner - Risk Management
KK!HR
Management Consultancy

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Dinesh Divekar
7557

Dear Rajat Kumar,

You have written about your sudden separation from your organisation. However, you have not written about your designation and the length of the service you had in the company.

You have written that condition of serving for two months after resignation is mentioned in the offer letter but not the appointment letter. How come this opposite has happened? Anyway, you have also written about the clause on what will be consequences if the notice period is completed has not been included. Therefore, this is a respite for you.

You have written that "And they threatened me for legal notice." But then did you ask the company authorities for the violation of which act or law do they wish to take legal action against you? If the company authorities once again threaten you, then tell them to quote a specific paragraph or a clause of the act.

You have taken the decision to quit your employment in a huff. I wish you could have been thoughtful of the disruption because of your sudden absence. The company authorities have to continue with their operations. They cannot close the company with the suddenness with which the employees leave the company. While the fulfilment of filial responsibilities is always important, it cannot override the requirements of the organisation which provided bread and butter to you till the other day!

Anyway, you have quit your employment. I do not know whether the company will pay your salary till your last working day. Nevertheless, they may withhold the issue of service-cum-employment certificate. More than that they may not do anything. However, this price has to be paid.

Thanks,

Dinesh Divekar

From India, Bangalore
KK!HR
1345

You have suddenly left the employment without serving the notice period. Now the employer is threatening you with a legal notice.
Since it is mentioned in the offer of appointment that you have to serve two months notice period and you have accepted it, it is binding on you though there is no appointment order issued as such. I presume your firm covered you in PF, if that be so, I strongly advise you to settle with your employer and try to bargain for the best deal.

From India, Mumbai
saswatabanerjee
2324

Divesh, he said he didn't get an appointment letter, so I think the 2 months notice stated in the offer letter is still valid.
The legal action he is talking about is for not completing his notice pay, which I think is within the rights of the company.
Whether they will actually do it or not.

From India, Mumbai

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