Facing Legal Action for Notice Period: How Should I Respond to My Employer's Claim?

Hi everyone, I was employed by an organization for about 1.5 years as a Business Analyst. The official notice period was for 1 month, but considering my moral responsibility, I verbally communicated my decision to leave 2 months before departing. I informed my manager to find a replacement so that I could hand over all my responsibilities. However, there was no action from their side, and a negligent attitude was shown towards me.

Finally, after two reminders, I submitted my resignation and left the next day. I did not receive any acceptance, and even after continuous reminders for experience and relieving, my requests were ignored.

Now, the employer has sent me a legal notice asking me to pay a significant amount as compensation for the loss.

Clause in Appointment Letter

"In case the employee does not serve a written notice of leaving the job before 30 days of leaving the job, the employer will confiscate the existing salary and has the right to claim from the employee for the loss borne by the employer to the extent equivalent to 30 Days' salary of the Employee. Under such circumstances, the employer also has the right to declare and post on the national skill registry about the unprofessional attitude and written notice of leaving the job not being served by the employee."

Please advise on how I should respond and what should be done in this case.

Thanks in advance

I suggest you contact a lawyer. Why did you not put your resignation in writing the first time? Many people make this error by verbally communicating the intent to resign but not following up with the actual resignation.

Importance of Serving Notice Period

Importantly, you did not serve the notice period. I hope you have a strong reason for doing so. Please communicate the same to the lawyer you appoint.

All the best.

Not communicating resignation in writing is considered a form of "Dhamki" by employers. I would suggest meeting with the employer or the current HR to explain your situation and work towards an amicable solution. If no resolution is reached, only then should you approach AIITEA for assistance, considering there may have been a breakdown in communication on your end as well.

Regards,
Shivali

When you have decided to resign from the company, you should submit your resignation in writing to the appointing authority or department head, in accordance with the terms of your appointment order. Communicating orally does not leave a record anywhere. After submitting your resignation, it is the employer's duty to make alternative arrangements. Upon completion of the notice period, your employer cannot force you to continue or refuse to accept your resignation.

Regards,
Adoni Suguresh
Labour Laws Consultant

Please go back and serve the notice period. It's a mistake on your side only. You should have submitted a written resignation or emailed in the first place. It will be bad for your career.

Hope it helps!!