Sir, I have left the company without giving notice & handing over the charge. what action an employer can take & is there any penalty provision is there . Please help me on the above issue
From Italy
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1From Italy
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Hi,
According to normal company rules, if you leave the job without a notice period, you will have to pay a penalty such as the salary for the remaining days. For example, suppose you left on the 15th; then the salary from the 15th till the 30th you will have to repay back to the company. If you don't, they can file a FIR against you if your company wants you to be in real trouble. Additionally, they won't provide you with important documents like experience certificates, release letters, etc. So, I suggest being clear from your side regarding leaving the job, as all the problems you will face due to this will affect your future career.
So, think about the matter. All the best.
Regards,
Sohini
From India, New Delhi
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According to normal company rules, if you leave the job without a notice period, you will have to pay a penalty such as the salary for the remaining days. For example, suppose you left on the 15th; then the salary from the 15th till the 30th you will have to repay back to the company. If you don't, they can file a FIR against you if your company wants you to be in real trouble. Additionally, they won't provide you with important documents like experience certificates, release letters, etc. So, I suggest being clear from your side regarding leaving the job, as all the problems you will face due to this will affect your future career.
So, think about the matter. All the best.
Regards,
Sohini
From India, New Delhi
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Dear friend,
I disagree with your observation. The only thing that guides employment is the agreement executed between the employer and employee, in which the terms and conditions specify that without a notice period, the only possible recourse is through recovery; otherwise, no criminal proceedings would be initiated. My humble suggestion is that the individual would lose benefits like leave encashment, as you rightly pointed out that the relieving letter would not be in his hands.
Trust this clarifies things for you and our beloved friend.
Best regards,
S. Sateesh
From India, Hyderabad
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I disagree with your observation. The only thing that guides employment is the agreement executed between the employer and employee, in which the terms and conditions specify that without a notice period, the only possible recourse is through recovery; otherwise, no criminal proceedings would be initiated. My humble suggestion is that the individual would lose benefits like leave encashment, as you rightly pointed out that the relieving letter would not be in his hands.
Trust this clarifies things for you and our beloved friend.
Best regards,
S. Sateesh
From India, Hyderabad
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Agreed with the suggestions given. Now, what if the company (this is only a question - nothing to do with the person who posted above) doesn't want to relieve the person anyway, even after the formal resignation and after the candidate agrees to pay the due amount and is ready to leave, but yet:
a) the company doesn't want to relieve...
b) the company doesn't even want to negotiate with the salaries and other perquisites.
Don't tell me the answers like "This is not fair" and all that!! Just tell me BLUNTLY... what next? (this is not a joke, and I am well aware that I am not in the humor section).
From India, Hyderabad
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a) the company doesn't want to relieve...
b) the company doesn't even want to negotiate with the salaries and other perquisites.
Don't tell me the answers like "This is not fair" and all that!! Just tell me BLUNTLY... what next? (this is not a joke, and I am well aware that I am not in the humor section).
From India, Hyderabad
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Hi,
As far as I know, there is no legal problem taking place. The only inconvenience is that you may not get your relieving letter, and the company will not complete the full and final settlement, which may affect your future employment.
Regards,
Akhouri Nishant
From India, New Delhi
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As far as I know, there is no legal problem taking place. The only inconvenience is that you may not get your relieving letter, and the company will not complete the full and final settlement, which may affect your future employment.
Regards,
Akhouri Nishant
From India, New Delhi
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Dear friend,
Realities are like this, my dear: if the company does not release you, the better way is to get your resignation letter signed by the respective department. Otherwise, if they are reluctant to accept it, then send it by registered post with acknowledgment so that you can immediately initiate legal action to recover the full and final settlement of pending dues, whatever they may be.
Hoping that this message is not humorous but striking the realities as expected by you.
Kind regards,
S. Sateesh
From India, Hyderabad
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Realities are like this, my dear: if the company does not release you, the better way is to get your resignation letter signed by the respective department. Otherwise, if they are reluctant to accept it, then send it by registered post with acknowledgment so that you can immediately initiate legal action to recover the full and final settlement of pending dues, whatever they may be.
Hoping that this message is not humorous but striking the realities as expected by you.
Kind regards,
S. Sateesh
From India, Hyderabad
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From what I have observed, in case the employee does not want to serve the notice period and resigns, usually there is a clause in the Appointment letter stating a month's salary or so to be paid. If you settle this, they will release your letters/documents, etc., and there should be no problem. However, some companies do file a legal case for the same. The intention is to make the person suffer. But for that, there should be an exclusive agreement with the employee stating that they may file a case in case he were to abscond and not pay the notice money. I know this because every time a BPO employee joins my company, he is made to sign the documents so that he does not abscond.
Regards
From India, Bangalore
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Regards
From India, Bangalore
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Dear friend,
What I want to convey is that if there is a clause stating that the training imparted would incur expenses for the company, and if the employee goes without any intimation/notice in order to evade the payment, then there would be a possibility for the company to file a civil case for recovery of that amount and then relieve the employer. This does not mean the company cannot harass the employee other than this.
Trust that it clarifies.
Best regards,
S. Sateesh
Mail: sateesh_sala@yahoo.com
From India, Hyderabad
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What I want to convey is that if there is a clause stating that the training imparted would incur expenses for the company, and if the employee goes without any intimation/notice in order to evade the payment, then there would be a possibility for the company to file a civil case for recovery of that amount and then relieve the employer. This does not mean the company cannot harass the employee other than this.
Trust that it clarifies.
Best regards,
S. Sateesh
Mail: sateesh_sala@yahoo.com
From India, Hyderabad
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There are some legalities of employment that have to be fulfilled. You must be aware of the contract - "salary in lieu of notice period," which means either of the parties should pay 1 or 2 months' salary (as mentioned in the contract/offer letter) in case the notice period is not served.
Leaving a company without serving the notice period is not a professional act and would not hold good in the future. The company will not give you your relieving letter, which would be required for joining a new company. If your immediate new company doesn't require it, it may not be the same with other companies you may apply for in the future where a thorough background check will not hold good for you.
Also, the company may list you as absconded in case you don't contact them after 5 days of your absence to advise the reason for the unauthorized absence or the expected date of return to work. However, the employer would make genuine efforts to contact the employee by registered letter, telegram, or telephone (legalities to prove absconding), to try and establish the reasons for the absence. Should those efforts fail and the reason for the absence remains uncommunicated, the employer may take civil action for any kind of recoveries.
Regards,
Madhu.
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Leaving a company without serving the notice period is not a professional act and would not hold good in the future. The company will not give you your relieving letter, which would be required for joining a new company. If your immediate new company doesn't require it, it may not be the same with other companies you may apply for in the future where a thorough background check will not hold good for you.
Also, the company may list you as absconded in case you don't contact them after 5 days of your absence to advise the reason for the unauthorized absence or the expected date of return to work. However, the employer would make genuine efforts to contact the employee by registered letter, telegram, or telephone (legalities to prove absconding), to try and establish the reasons for the absence. Should those efforts fail and the reason for the absence remains uncommunicated, the employer may take civil action for any kind of recoveries.
Regards,
Madhu.
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And they have given me an appointment letter and told me I will get the offer letter after 6 months. I wanted to leave as my exams are coming up, and my manager said that I will not get my salary until I serve a 2-month notice period. What can I do? Please help.
From United Kingdom,
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From United Kingdom,
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Dear all,
If an employee has absconded without any written or email communication, can the employer claim that due to his absconding, there was a significant loss incurred that should be reimbursed? The offer letter states: 1) A bond of 50k or submission of documents upon joining, and 2) Damages caused by the employee can only be reimbursed.
Based on this, can anyone suggest the potential outcomes and advise on how an employee should proceed to defend themselves?
From India, Mumbai
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If an employee has absconded without any written or email communication, can the employer claim that due to his absconding, there was a significant loss incurred that should be reimbursed? The offer letter states: 1) A bond of 50k or submission of documents upon joining, and 2) Damages caused by the employee can only be reimbursed.
Based on this, can anyone suggest the potential outcomes and advise on how an employee should proceed to defend themselves?
From India, Mumbai
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If absconding or unauthorized absence is described as misconduct in the list of misconducts, then the employer should hold an inquiry as per the principles of natural justice and may impose punishment of dismissal or termination. No further damages can be recovered from the employee. Even if a bond has been executed by the employee, then even under the Shops and Establishment Act or Payment of Wages Act, deduction on this count of damages is not permissible as only authorized deduction under the various heads as specified in these Acts is permissible. See the thread entitled "Breaking of Bond" in this regard.
An employee should submit medical certificates, etc., as proof of his absence to show that his absence was due to circumstances beyond his control. Otherwise, reply and defend on the above lines.
Thanks,
Sushil
From India, New Delhi
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An employee should submit medical certificates, etc., as proof of his absence to show that his absence was due to circumstances beyond his control. Otherwise, reply and defend on the above lines.
Thanks,
Sushil
From India, New Delhi
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P.S. pl read the thread "Break of bond" instead of breaking of bond, on my page on this citehr to see details of defence approach relating to bond viability. Thanks Sushil
From India, New Delhi
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From India, New Delhi
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I have a formal question. If any person joins the company but does not sign the offer letter or complete any joining formalities, and then leaves the job within 2 days, can the company file a case against this employee?
From India, Pune
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From India, Pune
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Hi,
In my company, 2 employees have not come to work for the last month. I have already sent letters to their homes, but have not received any response from them as they have joined another company.
Please suggest the actions that are required.
Thanks.
From India, Pune
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In my company, 2 employees have not come to work for the last month. I have already sent letters to their homes, but have not received any response from them as they have joined another company.
Please suggest the actions that are required.
Thanks.
From India, Pune
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My current employer has a notice period of 3 months, but in the offer letter, it was mentioned that the "management reserves the right to waive off the notice period and relieve the employee immediately upon paying the base salary in lieu of the said notice period." However, when a colleague of mine submitted his resignation and was prepared to serve the 3 months' notice period, they informed him that he could be relieved immediately without notice period. He then demanded the 3 months' base salary as stated in the offer letter. However, the management only paid the salary up to the resignation date, sent him a relieving letter and salary slip (both by email), and has been unresponsive to calls made to them. Can he sue the company for not providing him with the base salary as promised in the signed offer letter? Any immediate responses would be helpful.
From India, Bengaluru
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From India, Bengaluru
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Hi! I have an issue and am looking for a good suggestion. Sometimes, new candidates join the company, complete documentation, and join without any further communication. However, the next day onward, they stop coming. Are there any rules regarding this that a company should implement before a candidate joins to avoid these situations?
From India, Ranchi
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From India, Ranchi
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