In my appointment letter, it is stated that my notice period will be 90 days from the date of joining. You will be on a notice period for six months, after which you shall be appointed as a permanent employee based on your performance. Also, as per our mutual understanding, you have to complete a 2-year tenure from your date of joining. As I have signed an MOU with the company, now in my probation period, I have resigned from my job, and they are saying you cannot resign or will be liable for unilateral damages as compensation to the company, which is a very high amount.
What will be my notice period while in probation in such a case?
Can the company take any legal action against me for unilateral damages?
From India, Mumbai
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What will be my notice period while in probation in such a case?
Can the company take any legal action against me for unilateral damages?
From India, Mumbai
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Hello, it depends on the discretion of the company because the employer can take legal action against an employee for not serving the notice period in India for unlawful resignation or the leak of sensitive information. The employer can send a letter informing you that you will have to provide a notice period before leaving the job. So, the employer has the right to take legal action against you for the same. However, you could contact the company and inform them of your situation; they might not take any legal action against you if your problem is genuine, and if required, you can provide supporting documentation.
Your employment tenure is too short, so there's nothing to worry about; you can try to convince them!
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82Your employment tenure is too short, so there's nothing to worry about; you can try to convince them!
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You have completed only 4 months of service and have decided to say goodbye to the company. It is difficult to understand the logic of making hasty decisions regarding your career and later regretting them at leisure.
You agreed to the service condition that you would serve for two years, and you are bound by it. Accordingly, you are liable to pay compensation for the remaining 20 months of service. The notice period payment will be subsumed under the remaining period.
The compensation for breach of contract, unless decided in advance, must be reasonable. This means it should be based on facts such as training expenses (if you have received any specific training) and direct expenses incurred on you, like salary (likely to be around Rs. 1 lakh). The employer cannot demand anything extravagant. You can dispute any proposed amount and engage in correspondence with them.
From India, Mumbai
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You agreed to the service condition that you would serve for two years, and you are bound by it. Accordingly, you are liable to pay compensation for the remaining 20 months of service. The notice period payment will be subsumed under the remaining period.
The compensation for breach of contract, unless decided in advance, must be reasonable. This means it should be based on facts such as training expenses (if you have received any specific training) and direct expenses incurred on you, like salary (likely to be around Rs. 1 lakh). The employer cannot demand anything extravagant. You can dispute any proposed amount and engage in correspondence with them.
From India, Mumbai
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Legal Clarification on Severance Dues & Probation Period.PDF
Legal Notice for Breach of Notice Period .docx