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Sushilkluthra@gmail.com
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Sohini Basu Roy
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Jayant.giri
Human Resources
Akjani9
Service
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Sir, I have left the company without giving notice & handing over the charge. what action an employer can take & is there any penalty provision is there . Please help me on the above issue
12th February 2008 From Italy
hi,
according to normal company rule if you leave the job without a notice period, you will have to pay a penalty like the salary for the remaining days..... for example- suppose you left on 15th , then the salary from 15th till 3oth you will have to repay back to the company.....and if you dnt they can file a FIR against you if your company want you to be in real problem.....as well as they wont be providing you the imp docs like xperience certificate, release letter etc etc.....so i feel to be clear from your part regarding leaving the job....becoz all the problem you will face due to this will affect your future career....
so think abt the matter :roll: ...ok...... all the best...
regards,
sohini
12th February 2008 From India, New Delhi
Dear friend,
i disagree with ur observation the only thing which guides the employment is the agreement if executed between the employer and employee in which the terms & conditions mean that without notice period....... then the possible way is that they can go for recovery other than that no criminal proceeding would be initiated. My humble suggestion is that he would be loosing the benefits like encashment of leave etc., and as u rightly said relieving letter would not be in his hands.
trust this clarifies u and the beloved friend
Best regards,
s.sateesh
12th February 2008 From India, Hyderabad
Agreed with the suggestions given. Now, what if the company ( this is only a question - nothing to to with the person who posted abv). doesn't want to releave the person anyway.
even after the formal resignation and after the candidate agrees to pay the due amount and is ready to leev > but yet ...
a) the company doesn't want to relieve .. and
2) the company doesn't even want to negotiate with the salaries and or other perquisites.
Don't tell me the answers like " This is not Fair " and all that !! .... Just tell me BLUNTLY .... what next ??? ( this is not a joke and I am well aware that Iam not in the humour section ) .

12th February 2008 From India, Hyderabad
Hi,
As far as I know, there is no legal problem takes place. The only inconvenience is that you may not get your releiving letter and the company will not do the full and final settlement. Which may affect your future employment.
Regards,
Akhouri Nishant
12th February 2008 From India, New Delhi
Dear friend,
realities are like this my dear :if the company does not relieve the better way is that get ur resignation letter signed by the respective department or otherwise if they are reluctant to accept it then send it by regd. post with ack so that u can straight initiate a legal action for recovering the full and final settlement of pending dues what ever it may.
hoping that the message is not humorous it striking the realities as it was expected by u.
Kind regards,
s.sateesh
12th February 2008 From India, Hyderabad
From what i have observed, incase the employee does not want to serve notice period and resigns then, usually there is a clause in the Appointment letter stating a months salary or so to be paid... If you settle this, they will relase your letters/documents etc. and should be no problem... however some companies do file a legal case for the same... the intention is to make the person suffer... but for that she should have an exclusive agreement with the employee stating that they may file a case incase he were to abscond and not paid the notice money.... i know so, because every time a BPO employee joins in my co., he is made to sign the documents so that he does not abscond.
Regards
13th February 2008 From India, Bangalore
Dear friend,
what i want to convey is that if there is a clause stating that the training imparted would...... incurr expenses for the company
so if the employee goes without any intimation/notice in order to evade the payment then there would a possibility for a company to file a civil case for recovery of that amount and then relieve the employer.
this does not mean company cannot harass the employee other than this.
trust that it clarifies.
best regards,
s.sateesh
mail:
13th February 2008 From India, Hyderabad
There are some legalities of employment which have to be fulfilled. You must be aware of the contract - " salary in lieu of notice period ", which means either of the parties should pay 1 or 2 months salary(as mentioned in the contract/ offer letter ) incase the notice period is not served.

Leaving a co. with out serving notice period is not a professional act and would not hold good in future. The co. will not give you your relieving letter which would be required for joining a new co., if your immediate new co. doesn't require it,....... it may not be the same with other co.'s u may apply for in future where thorough background check will not hold good for you.

Also the co. may list you as absconded incase you don't contact them after 5 days of your absense to advise the reason for the unauthorized absence or the expected date of return to work. However, the employer would make genuine efforts to contact the employee by registered letter, telegram or telephone( legalities to prove absconding), to try and establish the reasons for the absence. Should those efforts fail and the reason for the absence remains uncommunicated the employer may take a civil action for any kind of recoveries.

Rgds,

Madhu.
13th February 2008
and they have given me an appointment letter and told Me i Will get the offer letter after 6 months and i wanted to leave as my exams are coming up and my mAnager said that i Will not get my salary till i serve 2months notice period.. what can i do please help
18th September 2012 From United Kingdom,
#Anonymous
Dear all,
If employee has absconded without any written or mail communication , then can employer say that .... bcoz of his absconding , they occurred a huge loss which should be reimbursed.
offer letter contains : 1) Bond of 50k or submission of documents while joining 2) Damage occured by employee can only be reimbursed.
Based on this can any one suggest the probabilities which may happen and in which direction an employee should go for defending????????
6th March 2015 From India, Mumbai
If absconding or unauthorized absence is described as misconduct in list of misconducts, then employer should hold inquiry as per principles of natural justice and may impose punishment of dismissal or termination. No further damages can be recovered from employee. Even if bond has been executed by employee then even under Shops and Establishment Act or Payment of Wages Act, deduction on this count of damages is not permissible as only authorized deduction under the various heads as specified in these Acts is permissible. See the thread entitled " Breaking of Bond" in this regard.
An employee should submit medical certificates etc in proof of his absence to show that his absence was due to circumstances beyond his control. Otherwise reply and defend on the above lines.
Thanks
Sushil
6th March 2015 From India, New Delhi
P.S. pl read the thread "Break of bond" instead of breaking of bond, on my page on this citehr to see details of defence approach relating to bond viability. Thanks Sushil
6th March 2015 From India, New Delhi
#Anonymous
I have. For mal question
If any person join the company but not signed on offer letter and as well as not complete any joining signing formalities and leave job within 2 days that time company can file the case against this employee
5th January 2017 From India, Pune
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