Leaving My Job Without Serving Notice: How Can I Avoid Legal Trouble?

Dear Seniors,

I need help from your side as I want to leave my current job, but I am not able to serve the notice period mentioned in the appointment letter. It states that if you do not serve the one-month notice period, you are required to pay a two-month salary; otherwise, the company can take legal action against you.

I am unsure of what to do since I am unable to serve the notice period.

Thank you for your assistance.

Appointment Letter

Date: 15th January 2009

Dear [Recipient's Name],

We are pleased to inform you that after careful consideration, [Company Name] has decided to extend an offer of employment as a Software Engineer. We made this decision based, in part, on the information you provided us regarding your fitness to work. In our previous discussion, you assured us that you will be able to perform the job duties with or without reasonable accommodation.

We have outlined the principal conditions and terms of our offer below. Please review and contact us as soon as possible if you require any additional information.

1. Confidentiality

Your offer of employment is conditional upon your acceptance and observance of [Company Name]'s confidentiality policy. As an employee of [Company Name], you will have access to certain company confidential information, and you may, during the course of your employment, develop certain information and inventions that will become the property of [Company Name] or its parent company. We wish to emphasize that we do not want you to bring any confidential or proprietary material from any former employer or violate any agreements with your former employer. You also represent that you are not subject to any restrictions that prevent you from working for [Company Name].

2. Date of Appointment

Your date of appointment will be 10th January 2009.

3. Full-Time Position

Your position is a full-time employment with the company, and you are expected to devote yourself exclusively to the business of the company. The timings will be from 10:00 to 7:00 hours, Mondays through Saturdays. Per our company policy, individuals arriving after 11:00 will be considered as half-day and will be paid accordingly. You are entitled to one day of leave every month, excluding Sundays and IT-based company holidays. If you take leave on any other day, that day's salary will not be counted as leave taken.

4. Salary and Allowances

As discussed with you, your compensation plan is outlined in a separate document.

5. Review Period

Your employment will be reviewed again after 90 days from the start of this agreement. You will receive your salary amount during this period.

6. Roles and Responsibilities

You will be provided with the roles and responsibilities for this position under separate cover, which will form part of this agreement.

7. Other Terms and Conditions

You may be required to transfer to any other location, which could be an international or domestic branch of the company. In such cases, you will be governed by the terms and conditions of a renewed agreement based on the new assignment/location. As discussed, you will also need to sign a legal bond for six months.

8. Notice Period

In the event that you wish to leave the organization, you must provide us with a 30-day written notice. Failure to serve the notice period will result in you paying an amount equal to two months' salary to the company, or the company may take legal action against you.

We look forward to your joining [Company Name]. We are confident that you will enjoy working with the team, learn, deliver, and have fun.

Sincere Regards,
For [Company Name]

Name
HR

ACCEPTED and AGREED:

Name:

Place: Date:

Hi Rekha,

If you are under probation, there might be a reduced notice period. However, if you are a permanent employee, you may have to serve the notice or payment in lieu of, as may be prescribed. You can approach your boss/HR and ask them to waive off or reduce the notice period/amount and deduct the same from your leave balance or final settlement. Companies do consider this if you part ways amicably.

Alternatively, talk with your HR, explaining why you are not comfortable/happy about your job. Something can be worked out. There are more solutions and fewer problems than we would like to imagine or believe. Remember, "A known devil is better than an unknown angel."

Dear Rekha,

Notice pay is equals to your basic salary for an month so you can pay them basic salary of 2 months in the absence of notice period or you can give them 30 days prior notice but pls make sure that you should get acknowledgement on the same so that there will be no chances of their refusal relating to non reciept of Notice period and also parellelly send them a email as a token of notice period

One more option is also available with you but it is not justfied to discussed that in a public forum

If still ambiguity persists feel free to contact the undersigned

Hi,

Thanks for your help. One more thing I would like to know is if I am paying them a 2-month salary, will they provide me with an experience and relieving letter?

Hi Rekha,

You can ask them to consider waiving or reducing your notice period or amount and also ask them to give you a relieving and experience letter. Always mark a copy of such emails to your personal ID (cc it). In case your present employers don't give it within a prescribed time frame or your new employers ask for this, you can always show a copy of your email as proof of your resignation and request for time. Companies nowadays give relieving and experience letters as a matter of policy and also for ISO purposes (to close your file).