Hi, I have been working in a corporate company for the last 13 years and serving as a QC head. I submitted my resignation 30 days ago and requested to be relieved within 30 days. However, my appointment letter states a 3-month notice period from either side, with no provision for pay in lieu of salary.
I have sent three reminder emails to the department head, but they have shown no interest in relieving me or allowing me to collect my belongings, including company documents and computer, before the 90 days.
Today, they issued me a warning notice, stating that if I leave before the notice period, they will take legal action against me.
I am now planning to join a competitor of our company, but the new employer is not willing to wait for 90 days; they want me to start in 3-4 days.
Could they take legal action against me or claim compensation?
I would appreciate your advice.
Bubai
**Location**: Mysore, India
From India, Mysore
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I have sent three reminder emails to the department head, but they have shown no interest in relieving me or allowing me to collect my belongings, including company documents and computer, before the 90 days.
Today, they issued me a warning notice, stating that if I leave before the notice period, they will take legal action against me.
I am now planning to join a competitor of our company, but the new employer is not willing to wait for 90 days; they want me to start in 3-4 days.
Could they take legal action against me or claim compensation?
I would appreciate your advice.
Bubai
**Location**: Mysore, India
From India, Mysore
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In this situation, it is essential to understand the legal implications and potential consequences of leaving the company before completing the full notice period as per your appointment letter. Here are some key points to consider:
1. Legal Perspective:
- As per Indian labor laws, if there is a specific notice period mentioned in your appointment letter, both parties are generally bound to adhere to it unless mutually agreed otherwise.
- Violating the notice period without the company's consent could lead to legal action, including potential claims for damages or compensation by the employer.
2. Options to Consider:
- Negotiation: Try to have a discussion with your current employer to reach a mutual agreement on an earlier release date. Document all communication for future reference.
- Legal Consultation: Consider seeking advice from a legal professional specializing in labor laws to understand your rights and potential liabilities.
3. Joining a Competitor:
- Joining a competitor within a short timeframe can further complicate the situation, especially if it violates any non-compete agreements or confidentiality clauses in your current employment contract.
4. Practical Steps:
- Communicate: Clearly explain your situation to both your current employer and the new employer. Transparency can help in finding a solution that works for all parties involved.
- Documentation: Keep records of all correspondence, including resignation letters, emails, and any responses received from the company.
5. Risk Assessment:
- Assess the risks involved in leaving early, including potential legal repercussions and damage to your professional reputation.
6. Final Consideration:
- Balancing your career aspirations with legal obligations is crucial. Evaluate the consequences of your actions before making a final decision.
It is advisable to handle this situation with caution and seek professional advice to navigate the complexities of leaving your current employment before the completion of the notice period.
From India, Gurugram
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931. Legal Perspective:
- As per Indian labor laws, if there is a specific notice period mentioned in your appointment letter, both parties are generally bound to adhere to it unless mutually agreed otherwise.
- Violating the notice period without the company's consent could lead to legal action, including potential claims for damages or compensation by the employer.
2. Options to Consider:
- Negotiation: Try to have a discussion with your current employer to reach a mutual agreement on an earlier release date. Document all communication for future reference.
- Legal Consultation: Consider seeking advice from a legal professional specializing in labor laws to understand your rights and potential liabilities.
3. Joining a Competitor:
- Joining a competitor within a short timeframe can further complicate the situation, especially if it violates any non-compete agreements or confidentiality clauses in your current employment contract.
4. Practical Steps:
- Communicate: Clearly explain your situation to both your current employer and the new employer. Transparency can help in finding a solution that works for all parties involved.
- Documentation: Keep records of all correspondence, including resignation letters, emails, and any responses received from the company.
5. Risk Assessment:
- Assess the risks involved in leaving early, including potential legal repercussions and damage to your professional reputation.
6. Final Consideration:
- Balancing your career aspirations with legal obligations is crucial. Evaluate the consequences of your actions before making a final decision.
It is advisable to handle this situation with caution and seek professional advice to navigate the complexities of leaving your current employment before the completion of the notice period.
From India, Gurugram
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Legal Notice for Breach of Notice Period .docx
Legal Compliance Plan.xls