How Can I Settle Dues Without Serving Notice After Resigning Abruptly?

Hi, I am working in a Ltd. Company and I resigned from the company on 7th Dec 10 without giving notice. As per my appointment letter, it was declared that I have to serve a three-month notice or pay three months' salary to the company. However, my new employer wants me to join the company as soon as possible, which is why I have not served my notice and resigned. Now, my previous employer wants me to serve my three months' notice, or they may take legal action against me for being absent from the company. I need to settle all my dues to the company without serving a notice period. I also have an impress amount of 1 lac belonging to the company for maintaining day-to-day expenses. I do not want to hand over this money back to the company because if I do, they may not settle my dues and deduct all pending amounts as my notice to the company. Kindly advise on how I should resolve this issue so that all my dues and PF will be cleared from the company.

Thanks and Regards,
Vishal Tandon

Subject: Resignation

Hi, I am working at Ltd. Company, and I have resigned from the company on 7th Dec 10 without giving notice to the company. As per my appointment letter, it was declared that I have to serve a three-month notice or pay three months' salary to the company.

However, my new employer requires me to join the company as soon as possible, which is why I have not served my notice and resigned.

Now, my previous employer insists that I serve my three months' notice, or they will take legal action against me for being absent from the company.

I need to settle all my dues to the company without serving a notice period. I also have an outstanding impress amount of 1 lac belonging to the company for day-to-day expenditures. I am reluctant to return this money to the company because if I do, they may not settle my dues and will deduct all pending amounts as my notice period.

Please advise on how I can resolve this issue so that all my dues and PF will be cleared from the company.

Thanks & Regards,

Vishal Tandon

First and foremost, you should have thought of this 3-month notice period stipulation BEFORE you resigned—NOT now. And now you held back the Imprest amount—if you want to play it dirty, why are you surprised that the Company is playing it the same way you did? By doing this, you have only strengthened the Company's stand that your intentions were not fair/straight. Moreover, it's illegal.

When your appointment letter says the notice period is 3 months, did you check with the new company if they can buy out the notice period? Many companies do it—please check it out. But please remember that it's NOT mandatory—it's done on a case-to-case basis. But since you seem to have already joined them, not sure if it will work for you now.

At this point in time, I think the only option you have is to FIRST return the Imprest money—irrespective of what happens to your dues. NEXT, talk to the HR and resolve the matter amicably ASAP. Prima facie, they have a good legal case—something to make you run around the courts for years—going by the way Indian courts function. If this does go to the courts, your present job may also be in trouble.

Regards,
TS

Dear TS, I fully agree with your point, but my company has a kind of attitude where they can sack us at any time. However, nobody can leave them like this, and they always try to harass the employees. This is why they have implemented a termination clause of three months' notice or salary.

No company will wait for you for three months; they can only wait up to one month. In that case, I will miss my opportunity. I have spoken with my HR personnel, but they do not want to negotiate. They insist on me serving the three-month notice, which is currently not possible for me. Regarding my new employer, I have briefed them about this scenario before joining this company, and they agree with me. They do not require the relieving letter from my previous employer.

Kindly advise.

Thanks, Vishal Tandon