Left Without Serving Notice Period. Legal Action? [Thread 374448]

I never told anyone to believe my version. But what you are suggesting to a member is misleading.
Pon

Dear All,
Yes Mr. Pon is right, Please read carfully Industrial Dispute Act than think…
if you are not confirmed about this please don’t misguide.
Thank,
Regards,
J.N.Modi

Dear sikydv,
if the terms of appointment speaks about notice period then you are bound to give it. But check up whether the notice period condition is applicable after your confirmation. Now what is your status whether on pribation or confirmed. So the notice period condition is applicable accordingly and the payment to that effect also.
S.g.krishnan

Dear seniors,
If any terms of the contract of employment are against the basic law, can it admissible or enforceable? like bounded employment.
regard
karamjit

Hi
every company has mention their rules in their appointment letter clearly,in that appointed person is liable to follow that rules as he/she has signed on that paper.some companies had mention some hidden points in appointment letter, just check with your appointment letter is there any such kind of point.otherwise there is no point to take action against you.
with regards
kavita kapoor

I think the answer is somewhere in the middle, but I'm more inclined to what Cliford says.
In the contractual sense, if there is a contract and one party breaks it then the other/innocent party is technicially liable to receive compensation. However, the key question is: has the company suffered any damage that can be calculated in money terms? If so, what action has the company taken - if any - to minimise the monetary damage they say they have suffered? For example, were there people who covered the work you would have done and were these people paid any more money for doing so?
If the company took any court action, then any court would want to know what any monetary loss was and what actions the company took to minimise them. I suspect the main problem here is that the company feels let down because you didn't give the contractual notice period and want some kind of revenge.

if you signed and accepted for the terms and conditions of appointment order you have to accept it. at the same time terms and conditions should not violate any legal provisions. if so you can challenge it before the court of law.
you send a notice to your employer asking how he can asking for one lakh rupees and is it acceptable for them if you are willing to pay for the notice period.
now a days many of the companies not following healthy exit procedures. :-)
at the same time one should not trouble your previous company without working for notice period. you may have your valid reasons for it.
try to solve the issue amicably. or else just take any legal opinion and proceed further..
first you go and meet your previous employer and talk to him about the issue.
Much regards,
nagarjuna kandimalla
9885403060

Hi,
In My Opinion, If the process of exit was not followed in accordance to the comapny rules and the terms mentioned in the appointment letter,then Company as per its policies can go leagal,also remember that company can go to any extreme if it comes to recover its loses.
On the contrary, it is also true that you can justify your stand for leaving the job with out notice,where in if company as per its policies and under leagal grounds can take appropriate discision.You are therefore requested to approach your lawyer to resolve your problems and clear your self.
Thanks regards
Bijay

Dont worry, all they can do is not to provide you with the relieving letter and F&F compensation.
U can still have your PF transferred or withdraw it.
Bonded labor is not allowed in India, so no issues...

Dear Friends,

I am working in a PSU, since 1993. During Induction it was told to us that in India, as per a SC judgement, Bond is illegal with respect to employment, as it is one sided.Most probably abolotion of bonded labour and Article 19 or something like that. I don't remember exactly. Also Art 368 of IPC is applicable if your company holds your documents/letter or threaten any legal suit. Any complain on the company invites exemplary penalty on directors/owners. Giving these details they assured as fair treatment and no obstruction to ones wanting to leave.

As far as notice period is concerned, it is balanced contract, and you must serve or pay for notice period.

The bond for serving a minimum period because of training imparted/ personality development is enforcable if your training is given by some third party or sent to personal grooming school, management school at the cost of company. on job training and training in company's training centre can not be an excuse for a this type of bond.

All this are your legal rights,but in practice, because employee are weaker than employer, we adjust and compromise. Like your background verfification can be poisoned or your previous boss may jump job and join as your boss in current company.You only can take an informed decision

Prem