Leaving Without Notice: What Legal Risks Do I Face for Skipping My Notice Period?

Hi,

I joined a company two months back with a decent hike. However, after joining, I found the company environment very unhealthy for me, so I started looking for a new job. Fortunately, I have now secured a very good job based on my past experience, as they are not considering my current company's experience. I also do not require an experience letter from this company.

I am planning to resign from my current position and do not wish to serve the 28-day notice period during probation. Therefore, I will resign and not return to the office.

Prior to joining my current organization, they mentioned shift work, but I am currently working 12-hour shifts without compensation or cab facilities, which is frustrating.

Regarding the relocation assistance I received from this company recently, I am concerned about any potential legal actions they may take when I leave without serving the notice period or reimbursing the relocation expenses.

Regards,

Sunny

Dear Sunny,

I am sorry to say that you have to give a notice period to be relieved from there. Whatever the reason may be, you must give a notice period and leave that company with a nice gesture. If the new company finds out that you left the previous company without serving the notice period, what will they think of you?

Please think about this and make a decision.

Regards,
flyingstarter.

Dear,

In lieu of the notice period, pay them the equivalent salary for the 28 days by sending them a letter enclosing the DD for the notice period payment. Even a refund of relocation expenses may not be an issue if a proper exit is rendered by you. After doing this, wait for their response and act.

With Regards,
Advocates & Notaries - Legal Consultants - HR
E-mail: rajanassociates@eth.net
Mobile: 9025792684 - 9025792634

Dear Sunny, Every company has its own HR policies. As I can see, you only have two options. First, you can serve your notice period. Second, you can reimburse your employment; otherwise, talk to your HR, and they will provide you with an appropriate solution.

Best regards,
Nisha Sharma

Hi Sunny,

Every company will have a clause regarding relocation expenses. You need to reimburse the relocation expenses to the company if you leave within a year. It would have been better if you had conducted thorough research before joining that company.

We have also encountered many problems after hiring outstation candidates. They have their relocation expenses covered by us and then move on to work for other companies. Generally, no company takes action against these types of employees because it is considered beneficial to rid the organization of unethical individuals.

Thanks,
Santosh

Good morning Sunny,

I suggest that you serve the notice period as required. Failure to do so may lead to legal action as it is stated that a notice period of 28 days must be served during your probation period. Alternatively, you can discuss this matter with the company's HR department. Another option is to compensate by paying the equivalent of 28 days' salary in lieu of serving the notice period.

You may also consider speaking with your prospective new employer regarding this issue; they may allow you to serve the notice period within their organization.

Best regards,
Seema Bisht
Senior Manager, HR

Dear Sunny,

You have the following options:

1) You must provide a 28-day notice as per your contract, or
2) You may have to pay 28 days' salary in lieu of notice if the contract stipulates it, or
3) Meet with HR to discuss and request a waiver of the notice period, as they have the discretion to do so.
4) Failure to give the required notice period constitutes a breach of contract. If the contract allows the company to claim damages for breaching the terms, they are likely to send you a notice. It all depends on the terms of the contract, such as your appointment letter, etc.

Best regards,

B. Sai Kumar
HR Consultant - Labor Laws

It is very professional to give a notice period before leaving the organization in a friendly manner.

Regards,
Aruna

Your experience in the company may be frustrating, but you need to give your notice period or pay the company in lieu; that's the proper thing to do. The company may have its policy on relocation expenses, and you can discuss it with HR. Hopefully, it won't be a problem. All the best.

Dear Sunny,

There is no option for you except giving the proper notice period according to your company's policy. What you can try is to convince your company to relieve you a bit early. For that, you need to provide a strong reason. You can also suggest another option of deducting the remaining days' amount from your salary. If they agree to relieve you in 20 days, they can deduct 10 days' salary from the payable amount. Otherwise, do not involve yourself in any trouble.

Khyati Pandya
HR
Ahmedabad
09909044336

Please try to make a peaceful exit from that company. Leaving the company doesn't mean you would not have any business to do with them. That company can make or break you if not now, then in the future. So, my last word is, make a clean and peaceful exit from your previous employers.

Dear Friends,

It is better to continue the relations; hence, it is advisable to have a discussion with the HR Head and leave the company on a positive note. Nobody knows what tomorrow holds; if this company sends a copy of the notice to your new organization, you may be caught off guard. Therefore, it would be wise to either serve the 28-day notice period or pay the amount in lieu of notice.

Thanks and Regards,
Kamesh

Dear Sunny,

It is important for employees to note that employers are not interested in employees who show desperation when looking for a job. Giving a reasonable notice period is a mandate for both parties in a contract; otherwise, legal action is an option for non-compliance. Even if your prospective employer has not considered your current position, the truth is that you will still need the reference for future opportunities.

Give notice or be ready to pay the employer in lieu of notice.

Regards,

Maxwell Banda
HR Consultant - Zambia

Dear Sunny,

You are just two months old in your current employment. Therefore, it is safe to presume that you are still on probation. Please read the relevant clause in your Appointment Letter and then draft your resignation letter accordingly.

You must take care to word your resignation letter. In case you do not wish to give the Company the prescribed notice during your probationary period, request an early release and offer to surrender/pay salary in lieu of the said notice. You will be on solid ground then.

Best Wishes,

Vasant Nair

Hi, I joined a company two months ago with a decent hike. However, after joining, I found the company environment very unhealthy for me, so I started looking for another job. Now, I have secured a very good job based on my past experience, as they do not consider my current company's experience, and I also do not want an experience letter from this company.

Now, I am planning to resign from my current company and do not wish to serve the 28-day notice period during probation. Therefore, I will resign and not return to the office.

Furthermore, before joining my current organization, they indicated it would involve shift work, but I am currently working 12-hour shifts without compensation or cab facilities, which is very frustrating for me.

I am concerned about the relocation I received from this company a few days ago. When I leave, what legal actions can they take against me since I am not serving the notice period, not paying in lieu of the notice period, and not returning the relocation expenses?

Regards,
Sunny

Hi All,

Thanks for your suggestions. I really appreciate your feedback.

Based on that, I resigned from my present organization, giving them 23 days' notice, and now I'll refund the whole relocation expenses as well.

I think now they'll have to give me a relieving letter as well as an experience letter, as I am proceeding in a legal manner.

Is there any clause that states when someone resigns during the probation period, they won't be eligible for an experience letter and relieving letter? Do such company clauses really exist?

Secondly, is it possible for my company to waive the notice pay and relieve me early?

Regards,
Sunny

Dear Sunny,

To maintain professionalism, you must complete your notice period and hand over your responsibilities. Please do not proceed with your planned actions as it may impact your new job.

As per your statement, you have not obtained an experience letter from your current employer for the past two months. This gap may reflect on your CV, indicating that you were unemployed during that period.

Jagtap Dinesh
Email: dineshpjagtap@rediffmail.com
Phone: +91 88888 44614, +91 96652 96642

Dear friend,

You have left without informing or don't want to go even. In that case, it's a general/moral obligation of an individual to inform/discuss with HR and take a decision accordingly. Even if the company wants to proceed legally, they may take action for being absent without notice, leading to losses for the company. Hence, please at least speak over the phone.

Yandamuri