Can My Friend Be Blacklisted for Skipping Notice Period if It's Not in His Contract?

One of my friends has joined the company on third-party payroll and resigned within 2 months without serving the notice period. He is receiving calls from the employer stating that they will blacklist his name and send him a legal notice. Can the employer do this if the same is not mentioned in the appointment letter?

First and foremost, one shouldn't resign without giving a notice period or settling in lieu of notice as per your contract or letter of appointment clause. If he had a "Probation Period," he has every right to resign without a notice period when on probation. Check the Contract.

Secondly, one has to understand that you are not a slave to any company, and no company can force you to work, let alone call you and threaten you, whatever the reason may be. A company cannot put stress on you by such acts, which will go against the company in a court of law.

Thirdly, it is very important to understand the position your friend was working in. If it is a sensitive role, then it is crucial that your friend meets with the company to settle the issues. Remember, no company in India can harm him or prevent him from working for another company for his betterment and as per his wish. So, just ignore their calls; it's just one of their cheap tactics.

When I say, please note that it is equally important that an employee must also be fair and not act as if he is without any onus of responsibility with his employer and the job he does. An employee is the backbone of any company, and such childish acts disturb the very business on which they survive and many others' livelihoods.

Regarding a blacklist, companies cannot just blacklist any employee because he did not serve the notice period. So, relax and ask your friend to talk to them and also tell this company not to terrorize him with such threatening calls, or else you would have to "FILE An FIR" against them and also send a legal notice. Solicitors can put stress, tension, and mentally disturb your peace with alimony.

Good luck...

Regards,
Ukmitra

The contract states as below:

1. You will be under probation for a period of six months from the date of joining. If your performance during the probation period is not found satisfactory, your probation may be extended at the discretion of the management. During probation, your services can be terminated with a month's written notice without assigning any reason whatsoever.

2. The company shall confirm your services in writing at the end of the probation period subject to satisfactory completion of the probation. On confirmation, your services are terminable by giving a month's written notice on either side except in cases of gross misconduct or non-performance.

3. Notwithstanding anything said anywhere in this letter or any other offer letter, in the event that you execute a service agreement or other agreements, the terms of such agreement shall always prevail.

First, please explain to us the location and industry.

Second, please explain what blacklisting is.

A company is free to blacklist any person because it is the decision of the company whether to ever employ any specific person. There is no industry-level blacklist other than the national skill registry maintained by NASSCOM. If your friend has left the company after 2 months in the job, that too without notice, why is he so soon learned that he will not be allowed to join again?

A probation clause is not only for companies to test your skills, but also for employees to ascertain if they would perform well in the offered job profile and other aspects. Having said that, I don't see any resignation clause during probation, and hence it can be construed that it is applicable to both parties.

Just relax and ask your friend not to worry too much about the issue and their threat to blacklist you. If that company calls again, you can threaten them with a "Legal Notice" based on the grounds I mentioned above, such as mental stress, etc. A legal solicitor will provide many other details.

I feel it's high time employees also start using the "legal ground" for their "rights," which many don't do just because they fear such an act will damage their reputation and so on.

What's the point of a reputation where we simply nod to others' demands and stay silent when employers do wrong at the cost of an employee's career and growth?

Regards,
Ukmitra