Considering Absconding from My Job: What Are the Legal Risks and Consequences?

I'm a software professional. A month ago, I joined an MNC, but recently, I received another decent offer from a different company, and they want me to join them as soon as possible. In my current company, I haven't been assigned a project yet. I want to accept the new offer from the other company because I have been selected for a particular project.

Legal Consequences of Absconding

What would be the legal consequences if I abscond from my current company? Can they ask me for the notice period amount? I'm not expecting a relieving or experience letter from them. I don't have any assets except the ID card from my current company. The current company's notice period is 90 days, and there is no probation clause included in the appointment letter.

Please guide me...

Thanks,

Regards

Dear Vishnoo,

This is a major issue (I would call it a problem) with most IT firms. They hire employees under the condition of no probation, no notice period, and salary reimbursement for the notice period. If you review the appointment letter from these companies, you will notice that they are not just hiring you but essentially purchasing your services for an unspecified duration. There are certain clauses in your appointment letter regarding separation; I would advise you to read them carefully and act accordingly.

One unprofessional piece of advice is that if you do not provide your current company's reference to your prospective employer, then let it go. Who cares about the notice period; the moment you decide to leave the company, you will mentally check out.

Thanks,

Surendra Shekhawat

Many thanks for your comments! That would be really helpful. 

Notice Period

The notice period for relinquishing your service from the company will be ninety calendar days. For reasons other than breach of contract or for cause, where termination without notice, the company will give you ninety days' notice in writing or ninety days' gross monthly salary in lieu of the notice period.

Termination

This agreement shall terminate upon your death and/or for cause. Cause means:
(i) Any act of dishonesty, fraud, misappropriation, embezzlement, or similar conduct against the company, its parent company, sister, and affiliated companies and clients.
(ii) The commission of any act resulting in you being charged with a crime which, in the reasonable opinion of the company, brings the company or you into disrepute.
(iii) Inability to perform duties at the minimum expected level/criteria set by your manager.
(iv) Inability to perform duties due to medical reasons.
(v) In the event of unauthorized leave.

My advice to you would be that if you are not in a position to serve the notice period and want to join your new company immediately, the best way is to deposit ninety days' gross monthly salary in lieu of the notice period as stipulated in your terms and conditions of the appointment. This will create a good image, and you will be able to join the new company calmly and without tension. Though we always think of shortcuts, they don't always work. Suppose you join your new company without getting relieved from the old company and you are not able to adjust yourself in the new company due to a short-tempered boss, a project not to your liking, or many more similar reasons. In that case, doors are opened for you to come back to the old company.

We should understand that employers too have their associations and mutual respect for each other. If your old employer happens to mention to your new employer, the impression will be created that you have been in a habit of doing such things and may repeat the same with your new employer.

Regards,
BS Kalsi

Legally, you have to give three months' notice, and the other option is to request the management to relieve you by waiving the notice period. Absconding from a company will taint your reputation for a long time. Any decent company would not like to keep an unwilling person. Hence, build a healthy trend of your reputation by proper resignation and relieving.

Regards,
Kannan