I absconded from an IT company within 15 days. The appointment letter does not mention the exact duration of the notice period; it states that the employee needs to serve the notice period applicable as per the resignation policy at the time of resignation. The policy is not attached to the appointment letter; it is available on the company intranet portal. Different bands within the company have different notice periods.
Is this dynamic clause mentioned in the offer letter valid? Can the employer take legal action against me based on that clause?
From India, Nagpur
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Is this dynamic clause mentioned in the offer letter valid? Can the employer take legal action against me based on that clause?
From India, Nagpur
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Such a clause enabling the employer to fix the notice period when the occasion for resignation arises is vague and, as such, it would be untenable even if it is mentioned in its portal. Instead, the Company can mention the exact notice period in the appointment orders itself as applicable on that date, subject to any future change in policy.
However, being an absconder, the questioner cannot take any protection even under such a vague clause.
From India, Salem
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6108However, being an absconder, the questioner cannot take any protection even under such a vague clause.
From India, Salem
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Thank you for your response. The resignation policy stated in the company portal is for a notice period of 3 months. Can the company legally sue me based on this clause and require me to pay for the 3 months' notice period? The clause in question is as follows: "An employee must serve the notice period as specified in the resignation policy at the time of resignation. Failure to do so gives the company the right to recover the consolidated salary for the applicable notice period days." In the company portal, the notice period for my grade is 3 months.
From India, Nagpur
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From India, Nagpur
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Consequences of Abscondence from Employment
I think that you missed evaluating the consequences of abscondence from employment. Abscondence from employment is not only a breach of the contract of employment on the part of the employee but also a grave misconduct warranting severe punishment like dismissal.
Every establishment hiring people is basically a venture to achieve its goals through the cooperative endeavor of the people so hired, marked with discipline and sincerity. Discipline includes proper adherence to the rules and regulations of employment too. Of course, no employee can be compelled to continue their services in an establishment against their wishes. They have the freedom to exercise the option according to their convenience. But it is not absolute. The rules of notice for resignation are reasonable restrictions in this regard, and the employee has to abide by them. Payment in lieu of notice cannot be equated to a bribe for wanton transgression.
As mentioned earlier, an absconder cannot take shelter under the notice clause by being prepared to pay off the notice salary to convert their separation into a smooth and lawful process. Still, the employer can reject it and terminate your services as per the legal procedure. In such a situation, it would certainly adversely affect your future employment elsewhere. Entry into and exit out of employment should always be through the proper doors. Think twice before accepting an offer of employment and then joining. In case you find your decision to be wrong later, go out by following the rules of resignation.
From India, Salem
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I think that you missed evaluating the consequences of abscondence from employment. Abscondence from employment is not only a breach of the contract of employment on the part of the employee but also a grave misconduct warranting severe punishment like dismissal.
Every establishment hiring people is basically a venture to achieve its goals through the cooperative endeavor of the people so hired, marked with discipline and sincerity. Discipline includes proper adherence to the rules and regulations of employment too. Of course, no employee can be compelled to continue their services in an establishment against their wishes. They have the freedom to exercise the option according to their convenience. But it is not absolute. The rules of notice for resignation are reasonable restrictions in this regard, and the employee has to abide by them. Payment in lieu of notice cannot be equated to a bribe for wanton transgression.
As mentioned earlier, an absconder cannot take shelter under the notice clause by being prepared to pay off the notice salary to convert their separation into a smooth and lawful process. Still, the employer can reject it and terminate your services as per the legal procedure. In such a situation, it would certainly adversely affect your future employment elsewhere. Entry into and exit out of employment should always be through the proper doors. Think twice before accepting an offer of employment and then joining. In case you find your decision to be wrong later, go out by following the rules of resignation.
From India, Salem
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Legal Notice for Breach of Notice Period .docx
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