Facing Legal Trouble for Skipping Notice Period: Can My Former Employer Take Action?

Urgent Advice Needed for Job Resignation Situation

Friends, I need expert advice. Please guide me on the same. I am an MBA student who joined a consulting firm as a recruiter for campus placements. I worked diligently here for 2 months but left the job due to the typical environment, including undue pressure to meet targets.

I am on probation for 6 months as per my joining letter, of which I have completed 2 months. I did not serve any notice period and sent my resignation via email citing health issues. Now, they are asking for a compensation of 30K in lieu of the notice period through an email.

Facts Related to This Job:

- They did not issue any salary slips, sign any vouchers, or provide any account details. They only gave cheques.
- No PF or Gratuity benefits were provided.
- The probation period is still ongoing.

Kindly let me know the technical details related to this. Please reply soon as this is a big problem for me now. Can they take legal action against me?

Regards

Notice Period During Probation

What is the notice period during probation as per your appointment letter? Salary slips need not be signed as they are computer-generated. Cheque payment is authentic. There is no PF during probation. Gratuity is provided after the completion of 5 years of service. Resigning without giving the notice period is an unhealthy practice, and you may have to face the consequences.

Regards,
Pon

If you need to obtain a relieving letter and service certificate from the company, you have no choice but to pay the required fee and request the certificates from the HR Department. Otherwise, please consider this a negative experience and do not include these two months of experience on your resume. Instead, focus on pursuing a better opportunity.

By disregarding these two months of experience, you can avoid the need for relieving or service certificates, as well as any other statutory formalities. My sincere advice is to overlook this period and aim for a more positive role without acknowledging this as part of your professional background due to its unfavorable nature.

Please strive for long-term commitments with the companies you plan to work with throughout your career. It is essential to note that short-term employment is not beneficial or advisable for either the individual or the company.

Best Wishes,
PB Ram Swaroop

Thank you all. The probation period is 6 months. Do consulting firms have the same rights as a registered company? It’s a small firm of 20 to 25 people, and the attrition rate is high. As told by them, they hired an MBA for the position, but most of the graduates are working there in the same position. Thus, they also broke the promise. They put an MBA and a graduate into the same hierarchy. Is it justified?

What is your notice period mentioned in the appointment letter? If you have not served the notice period, the employer can recover the amount from you.

You have taken a wrong decision by quitting the company in your earlier phase of employment.

Role of Designation in a Consulting Firm

In a consulting firm, the designation doesn't play a role in terms of education since it will only have recruiter, Sr. recruiter, Team Leader, Asst. Manager, Manager.

How you perform is based on client interaction, the number of closures, how you lead the team, and grow within the team.

As a fresher, you would have been given the role of a recruiter only.

Moreover, even if your designation is the same, I hope you are paid higher than what a graduate is given.

Challenges in Today's Job Scenario

Every job in today's scenario is pressurized. Even corporate HR is finding it difficult/pressurized to continue in the job due to high attrition, not finding suitable talent, retaining current employees, and expanding business without the right talent.

So try to mold yourself in an organization where you can learn and grow accordingly. Don't do the same in the next organization since in your later stage of growth, your employment stability and earlier employer reference are very important.

Is there a notice period written in your appointment letter during probation? That is important. Don't worry; legally, they cannot do anything if it is not written in the appointment letter.