Facing Legal Threats for Not Serving Full Notice Period: What Can I Do?

Hi,

I am an IT professional and I recently quit my job. There are some questions, but first, please check the status:

- I joined this company in January 2010.
- I resigned in July recently with a notice period of 1 month.
- The actual notice period mentioned in the appointment is 3 months.
- After discussing with HR, they told me I have to serve a 3-month notice.
- But since I have a joining date in August, I can't serve this.
- I asked for solutions, but I came to know that the company is not giving any salary during the notice period, and I can't work for free.
- I stopped going to the company and stayed at home.
- Now, I am receiving threatening calls that they will take legal action against me.
- As I have some family issues, I also mentioned that I can't come to the office but can still work from home and provide full support instead of traveling for 6 hours both ways to the company.

My questions:
- Please tell me what action the company can take.
- What solution can I provide or what reply should I give to the company?

Thank you.

Hi Littlemaster,

Kindly go through your offer letter to see if there is a provision for sacrificing the salary in lieu of the notice period and getting the same amount settled in your F&F. Further, discuss with your new employer if they are willing to buy out your notice period.

Also, check for any other legal obligations mentioned in your offer letter that you may have to fulfill if you do not serve the notice period and specify in the post.

As per my understanding, your management may also withhold your experience certificate.

Regards,
Satpreet

If the person is serving the full notice period, then is it justified to make that person work without pay for three months? Because, as per my knowledge, the company is liable to pay him the salary for the notice period. Please clarify and also provide if there is any law under labor law in favor of this (i.e. non-deduction of salary of the notice period in case the person has served the full notice period).

If the person is serving a full notice period, then is it justified to make that person work without pay for three months? Because, as per my knowledge, the company is liable to pay him the salary for the notice period.

Please clarify and also provide if there is any law under labor law in favor of this (i.e., non-deduction of salary of the notice period, in case the person has served the full notice period).