Feeling Trapped After Resignation: Can I Avoid the 3-Month Notice Period Without Legal Trouble?

Dear All,

I have joined a huge Tier 3 IT company. In the interview, I told HR my expected salary. However, in the offer letter, I saw that the salary is 30% less than expected. I tried to negotiate with the company by mentioning many important points, but they refused to negotiate. They asked me to join the company because it is huge, has international exposure, awards, and many other positive aspects. They diverted me from the salary issue and ultimately convinced me to join.

After 3 weeks, I realized that my salary is less, and the working culture, environment, and process are not suitable for me. Earlier in the interview, I mentioned that I have a skill that would be useful to the company (which was not listed in the job advert), but they don't value that skill. Now, work is coming that requires that skill. Therefore, I asked my managers that I want to resign. They tried to convince me to stay, but ultimately, I resigned, and my manager accepted it. Approval from HR is pending.

Now, in my offer letter, it is written that:

“In case you absent yourself from duty continuously, without prior authorization, for 10 calendar days or more, you shall be deemed to have left and relinquished the service on your own accord, and such relinquishment of service shall be deemed as a repudiation of the contract of employment by you. In such circumstances, the Management will have the discretion of (a) adjusting salary of the notice period of such abandonment (b) presume that you have voluntarily abandoned the services of the company and strike off your name from the rolls of the company.”

“This contract of employment between you and the company may be terminated by either party by giving 90 days' notice or gross 3 months' salary in lieu thereof. In the event of willful neglect or breach of any of the terms hereof or refusal on your part to carry out the lawful instruction of any member of the company or being guilty of misconduct, the company may terminate your employment forthwith without notice.”

Now I have given resignation. But the salary, working culture, environment, and process are so unsatisfactory that I do not want to serve the 3 months' notice period. The company is calling me repeatedly after resignation to work during the notice period. After resigning, they are assigning tasks that are not my responsibility (in that skill which was said to have no value in the interview). Yes, there is a method for early release if the management head approves, but now the process is delayed somehow. I have not joined any other company after this one, and I do not want to take any salary for 3 weeks or any documents.

My question is:

If I do not go to the office after resignation, will they ask me to pay 3 months' salary to the company?

Will the company abscond me?

Will the company take legal action against me?

What is the solution to get free from this company as soon as possible (today)?

At the outset, when you are aware and not agreeable with the salary they offered you, why do you have to get lured when they convince you? I guess your stage to understand today's people must be stronger.

However, besides the point that you specified, let me ask you:

- Is there any sort of agreement/contract that you signed with the company? If not, then you may not need to worry about the fact of paying a lump sum amount. But what about your ethics of working in a company? Please understand, there is a rule for every company on the notice period stipulated for an employee in order to properly hand over work. It also gives the employer some time to find a person specific to the position that you resigned from.

- The company may have the right to abscond you from services and will not pay you your salary for working days.

- No company has any right to take up cases legally unless and until the employer has invested some training needs incurred for the position you are in. Therefore, at that point, you may require to pay. (In your case, I think NO)

- The solution is to request the management and explain to them the need/crisis for you to leave the job.

I anticipate your employer may deem your aspect and relieve your services as desired by you.

Thank you for your suggestion.

- No other contract/agreement has been signed by me. I have only signed the offer letter where it is written:

“This contract of employment between you and the company may be terminated by either party by giving 90 days' notice or gross 3 months' salary in lieu thereof. In the event of willful neglect or breach of any of the terms hereof or refusal on your part to carry out the lawful instruction of any member of the company or being guilty of misconduct, the company may terminate your employment forthwith without notice.” And “In case you absent yourself from duty continuously, without prior authorization, for 10 calendar days or more you shall be deemed to have left and relinquished the service on your own accord and such relinquishment of service shall be deemed as a repudiation of the contract of employment by you. In such circumstances, the Management will have the discretion of (a) adjusting salary of the notice period of such abandonment (b) presume that you have voluntarily abandoned the services of the company and strike off your name from the rolls of the company.”

So, am I required to pay 3 months' salary for this signed document?

- Yes, I have ethics. However, I joined 3 weeks ago and I have to serve a three-month notice period. This is very strange. What is your opinion? Now, after resignation, they are giving me work which is not covered under my job responsibility. Some companies have a probation period to understand the employee and company from either side, but in this company, there is none.

- I do not want a salary for 3 weeks and also not any papers.

- No, the company does not give me any training.

And, may I please know what you mean by "abscond"? I am really not clear about the word "abscond."

Regards,
Sandip

Thanks for expounding with some more information. Hitherto, there is no such manifestation of breaching a contract in the first case. Your terms in the offer letter mention that "(a) adjusting salary of the notice period of such abandonment (b) presume that you have voluntarily abandoned the services of the company and strike off your name from the rolls of the company."

The statement above is self-explanatory. You may not be required to serve a notice as you were under probation and have resigned your services, which in turn is accepted by your management. Moreover, there has been no training provided as such. There is no legitimacy for going legal on the same.

Abscond is a term used generally by all companies. It means "to run away secretly, especially in order to escape from that place or situation." Though you may not have the intention of forsaking, it's a common terminology.

However, there isn't any necessity to get worried, especially when you are aware of the facts by now.