Can an Employee Be Accused of Job Abandonment for Not Completing a 2-Month Notice Period?

Hi, I want your help with the matter mentioned below. My organization requires its employees to serve a 2-month notice period. An employee wants to serve only 1 month and does not want to pay for the remaining one month. He has not had any performance or behavioral issues throughout his work tenure.

Job Abandonment Concern

In this case, can the organization proceed to raise a job abandonment concern for the employee after one month of the notice period? Additionally, it would be really helpful if you could direct me to the section of Indian Labor Law that covers this topic.

Regards, Amit

This is not a case of absconding. The employee resigned and gave short notice, for which the employer can claim an amount as a penalty as per the penalty clause mentioned in the Appointment Letter/Service Book. However, the employer cannot refuse the Service Certificate, in my view.

Experience with Notice Period and Service Certificate

I have experience from my previous job where an employee resigned, and his resignation was accepted. His notice period was for 3 months, but he left after completing only one month. We refused to provide a service certificate, leading him to file a complaint with the GLO. As a result, we were instructed to deduct the notice period pay from his final and full settlement. However, he cannot be denied a service certificate for his 15 years of service to the company.

I appreciate your practice and knowledge. I am not against your perspective; however, I hope you will also acknowledge the difference in opinions/views. I have expressed my viewpoint.

As you will notice, I didn't dispute your statement. I asked whether it was based on practice or law. It was a question, not a sarcastic remark that you seem to have interpreted it as. I am always open to learning new things or being corrected. I have no problem with that.

So, I would like an answer to my original question (if you still have access to the data). Which act or rule applies under which your previous organization was forced to give a service certificate (your PC seems to have autocorrected that to service tax) when you were not willing to do that? I would like to know (as will others reading the thread) what section or rule to beware of.

My sincere apology for the typo error. Sir, with due respect, I have not taken your remarks sarcastically, but I do respect and appreciate your views/remarks/statements in CITE HR. With regards to the query, I do not have access to the data for the GLO's letter, but I recall a few points as under:

1. Employer has the right to waive off the notice period without bias.
2. Payment in lieu of notice period.
3. Counter Notice: An employee can give a counter-notice to leave on an earlier date than the employer's. In practical terms, the employer cannot force an employee to work the notice period but can request any handover/information/clarification with mutual consent of the employee.

Regards.

Hi all, I have read all the responses regarding the notice period. I am also facing the same problem and still do not have a clear solution. My friend works in an MNC, and his notice period is 3 months. He does not want to serve the full 3 months, so what reason can he provide to the organization? According to his company policy, he is not allowed to buy out the notice period. However, he is unable to fulfill the 3-month notice period. Please can somebody offer some assistance here?

Please correct me if I am wrong. The above problem seems to be yours and not your friend's.

Probable Reasons for Not Serving Notice

What could be the probable reason for not serving notice? With background verification becoming critical and significant in recruitment, it is always advisable to serve the notice period. You will need to justify the reason, whether it is higher studies, medical issues, or any other valid reason.

Communicating with a New Employer

If you are joining a new organization, you can share the situation with your prospective employer and obtain written confirmation regarding their consent for your joining without a full and final settlement. They might have the option to buy out your notice period if it is feasible.