Left Job Early Due to Family Emergency: Can I Avoid Notice Period Recovery Pay?

Hi, I left an MNC a week ago where I only served 5 days instead of a 30-day notice period because my mom was sick, and I had to visit Delhi. Now they are asking me to pay back the recovery amount. Is there any way I can avoid it? I didn't sign anything on stamp paper that is valid in a court of law. Please let me know if there can be any legal action against me?

Mr. Rick Taylor, your company can take legal action against you despite not having signed on stamp paper because you signed the employment agreement paper. You should inform him to wait for 3-4 months before depositing the recovery amount due to the financial crisis. Let me know what your company says after that, and then I can provide further suggestions.

Understanding Employer's Perspective on Notice Period

Supposedly, this has become the customary question of "What happens..." Why don't you stand in the shoes of the employer and understand the loss of business caused due to the abrupt way of leaving? I'm not grumbling at this issue, but the way you've questioned may infuriate many of our seniors in this forum. As far as my experience is concerned with MNCs, they are very particular about the notice period (NP). You have to check your appointment letter in detail for the clause on NP and the Termination clause in particular.

At the outset, if you are not willing to show this experience or would leave it as a gap, a sufficient reason has to be specified to your next employer. Are you ready for it?

Legally, one can't comment on the liable reasons; however, you may have to "READ" relating to the above-mentioned points in the appointment given to you or while you signed. You may also share such clauses (not mandatorily) to see what our other seniors in this forum have in their wits.

Regards

Hi Sharmila, Thanks for replying back. First of all, the way you have pointed out "Why don't you stand in the shoes of the employer" — (Do I really stand in the shoes of the employer? Why should I?)

Well, the employer should understand my situation too. My mom was sick, and I had to hurry. I guess my mom is more important than me leaving a job. Isn't it so?

Secondly, it is not my intention to offend, upset, or in your words "infuriate" the "seniors" of this forum. I am in a fix and I am looking for a solution, that's it.

I have already been to the PF office and have submitted my PF form. Following which, I am writing an email to my past employer to grant me a time of 3-4 months. When the PF money comes through, I will be able to pay them back. I hope it plays fine.

Thanks again!

You need to pay your past employer first. Companies may take legal action for this kind of behavior. Generally, companies are not willing to wait until your PF amount is disbursed.

With Regards,
Vineet Deshmukh

Hello,

Every one of us has some genuine reasons to terminate or end our employment. I can understand your situation well, as your mom (or any of your family members for that matter) fell ill and you were not in the same town to deal with the situation.

However, when you resigned, what reason did you state in your resignation letter?

Another thing is, sometimes we do not feel the need to communicate fully, or we just take things for granted.

As you mentioned that your company has a one-month notice policy and as a result, perhaps you never specified your last working day or requested relieving with immediate effect. (Excuse me if I am wrong here, as most of us do not mention this in our resignation letters.)

The reason I mention this is that when someone resigns, as an employer, one might assume you found a better opportunity and are rushing into it. It is natural to think that way; we are human and cannot always control our feelings.

Solution

Now, onto the solution. Write again to the employer stating that you resigned due to your mother's poor health, and when it became serious, you had to leave. Explain that due to the stress, you couldn't complete the proper exit formalities, but you have no intention to abscond. Mention that you are open to discussion and negotiation if possible and offer to provide your mother's medical report to prove the genuineness of the situation. Acknowledge that since you only served 5 days, you are liable to pay for the remaining 25 days' salary and express your willingness to come for a full and final settlement and to collect your relieving cum experience letter as soon as your mother's condition improves. Try to persuade them that handling both situations, work, and personal, in different cities is challenging.

Express your appreciation if they could consider your situation as special and relieve you on a shorter notice to avoid a higher payment burden.

The key is persuasion. They may feel annoyed, but try to put yourself in their shoes; you might also wonder why you weren't informed earlier. It's human nature. I understand your concern that they should also try to understand your situation, but that can only happen if you explain it to them patiently and persistently.

Patience can resolve complex problems. All the best.

Regards.

Hi Sharmila,

Thanks for replying back. First of all, the way you have pointed out "Why don't you stand in the shoes of the employer" (Do I really stand in the shoes of the employer...why should I?) Well, the employer should understand my situation too; my mom was sick, and I had to hurry. I guess my mom is more important than me leaving a job. Ain't it so?

Secondly, it is not my intention to offend, upset, or in your words "infuriate" the "seniors" of this forum. I am in a fix and I am looking for a solution, that's it. I have already been to the PF office and have submitted my PF form. Following this, I am writing an email to my past employer to grant me a time of 3-4 months. When the PF money comes through, I will be able to pay them back... I hope it plays fine.

Why Should the Employer Give You Time?

Let me put through once again. Why should the employer give you time to pay the notice period in lieu? They haven't understood your situation while your mother was in an illness stage, do you really mind that they are intended to give you time? Probably, your initial question was -- "Is there any way I can avoid it?" - What was this question raised for? Well, let's not argue, the point is even a signature on the appointment letter is liable in case of violation from the rules amended by the employer. The preeminent solution is to speak to the HR courteously of the situation you are in. Send them an email asking for a short time to recompense. If possible, make a personal appearance to convey your circumstance on swift leaving. Guess, amiable dealings work the best. Moving one step ahead will definitely give you a "Win" situation and hence no sticks & stones require herein.

Cheers... All the best!

Very interesting point of view. Why should I stand in the shoes of my employer? Why should I care about what he thinks or the problems he has to face because of me? Well, then why should the employer bother to understand or help you? Did you tell them your mother was sick in Delhi? Did you ask for emergency leave (even if unpaid)? I am sure any MNC HR team would have granted it immediately. Perhaps they would have even got you tickets too.

From the wording of your post, it seems you resigned and then suddenly left saying your mother is sick. If that was the case, no one would have believed you. If it was due to your mother's sickness, surely you would have talked to HR and your reporting head, asking for time off, offering to come back, and do whatever handover is required, providing assistance on the phone, etc., to the new person taking over whenever they need to know about the work you have done. The employer will be as sympathetic as you appear genuine and helpful.

Dear Raju,

You can avoid the notice period pay legally if this has not been mentioned in the terms of appointment. If it is mentioned in the terms of appointment, it amounts to an agreement between you and the employer, and the notice period pay has to be paid at the time of leaving.

Regards,
Raju

Hello All, Greetings of the day! I didn't understand what is going on. Employee and employer are bound by a legal document (Employment contract/Appointment letter/service agreement). So, you should check the notice period clause and abide by it as mentioned. It's the wish of the employer whether it can waive it or else you have to go as per the clause mentioned. Discuss with the employer and settle the issue.

From the Employer's Perspective

From the employer's side: this kind of act should not be tolerated by the employer. HR is the one who takes the stress. Have you ever imagined how much a company will suffer losses if you terminate the services instantly? The employer should drag this kind of employee to court. NOTHING PERSONAL

Regards, Shaikh Abedeen HR Professional

From your post,

I wish to ask if you are aware that no employer can force an employee to work for their company (even if they have signed a bond or service agreement or whatever you wish to call it).

Secondly, if the employer will drag such employees into court, the employer ought to be ready with enough reasons to make the bond viable.

Thirdly, there is no necessity for the employee to pay the bond amount (amount quoted in the bond). Such service bonds are viable only to the extent of the training cost incurred by the employee. As far as opportunity cost is concerned, unless you take risks, you will not progress. If you stop hiring people just out of fear that they may leave you tomorrow, will you succeed? Success is not achieved by pushing others back and pulling them down. It comes when we hone our skills so that we can push ourselves ahead of others.

Again, there is a difference between estimated loss and penalty. If employers drag such employees to court, the court allows payment of only estimated loss and not penalty.

Meaning to say that if the company writes in the bond that:

"You are bound to serve for a minimum period of 3 years (for example). If you break the bond, you are liable to pay an amount of 3 lakh rupees."

OR

"You are bound to serve for a minimum period of 3 years (for example). If you break the bond, you are liable to pay all the amount you earned till the time of your resignation."

Such are penalties. A reasonable amount quoted can be considered as estimated loss. It would be left to the court to conclude beyond which amount it would be considered a penalty.

I hope I clear your doubts. And in case you feel I am falling short in experience to convince you, here I share the attributions to convince and put forth my points.

Is Employment Bond valid in India

M/S. Sicpa India Limited vs Shri Manas Pratim Deb on 17 November, 2011

venghatsrinivas: Is employment Bond valid in India?

I am sure you would argue that this is regarding bonded labor, but would still like to share

Public Union For Civil Liberties vs State Of Tamil Nadu And Ors. on 15 October, 2012