Left a Job Without Notice: Can My Brother Face Legal Trouble for Not Paying the Notice Period?

Hello, I am Nithin, and I am here to get a clear idea about the action that could be taken by a company after leaving it without giving proper notice or resignation. The scenario is as below:

Scenario of Leaving Without Notice

My brother joined CTS last October, and since he got a better offer from another company, he decided to quit CTS. Since he had to join the new company immediately, he had to leave CTS without notifying them and without submitting a proper resignation. Now, after 2 months since he left CTS, he received a letter notifying that he will have to pay an amount equivalent to 2 months' salary as the notice period buyout. If he fails to pay that, they have mentioned that they will take legal action against him.

Legal Implications and Advice Needed

Will this happen in reality? Can they take any legal action? Please advise on how to respond to this letter.

Thanks in advance

Normally, the service contracts, service rules, or letters of appointment contain a stipulation that an employee can resign from the service after giving a notice of one, two, or three months. Failing which, the employee has to pay salary corresponding to the notice period. If such stipulation is there in the contract of service of your brother, he is liable to serve such notice on the company or, in lieu thereof, pay wages/salary to the company. The contract is binding on him under the Contract Act, and the company is entitled to take legal action for recovery of the same.

Regards,
B. Saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd
Mumbai
022-28324234

In general, it is better to settle the accounts with the previous employer and proceed further. It is good for both parties. Now, the employer is asking for two months' pay in lieu of the notice period. It is better to pay and clear the accounts, or else the candidate can personally meet the concerned, negotiate, and finalize. However, it is better to clear the accounts.

Regards,
Kamesh

Yes, they can take legal action against your brother. Not only this, but they can also write to the current employers of your brother and notify them that your brother has absconded and has not been cleared by the company.

Kindly go through this note to have a better understanding...

Guys, I have the same problem but due to a medical issue, I had to leave. I have only completed 5 days of training and haven't received any salary. I received the same letter, and I don't want to pay. What should I do? I also don't want to be relieved.

Send them your resignation along with your medical certificate.

Having served just five days, the company may not be on real strong footing to take action, especially when backed up with a genuine medical certificate.

Hi Nithin, did you pay the amount? I too am asked to pay 88,000, but they did not inform me anything about the notice period or this due amount. What should I do now? Please help me.

Hello, Leaving a company without proper notice can lead to consequences outlined in employment contracts. The letter's demand for 2 months' salary might be based on such terms. Legal action is possible but depends on local laws and severity.

Steps to take:

- Review employment contract.
- Seek legal advice.
- Negotiate if needed.
- Respond promptly and professionally.
- Consider settlement.
- Consult legal help for your brother's specific situation.