I joined an MNC on 10th January 2023, and due to the stress of work, I submitted my resignation on 2nd May 2023. I am still in the probationary period. The work culture and pressure are adversely affecting my mental health, so I decided to resign under the pretext of pursuing higher education. The company is now insisting that I serve a three-month notice period. However, I am struggling to continue working due to the negative impact on my mental well-being. I am willing to forgo the experience letter, compensation, PF, and everything else, but I seek an immediate exit without facing any legal consequences. Can they take me to court and demand a substantial payment if I leave without completing the notice period? What is the maximum amount they could legally require me to pay? This is a significant organization, one of the top three service-oriented MNC giants in India, although I cannot disclose its name here. Your guidance on this matter would be greatly appreciated.
From India, Pune
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From India, Pune
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Hi, Have you undergone any training with that organization or joined there with some previous experience?
If you had joined there as a trainee and signed some training agreement, then your employer might harass you with legal proceedings. Rather, if you joined as experienced and on probation, please check for a separation clause in your appointment order. If it is 3 months, then you need to serve a 3-month notice period or please check with your HR for buyout options.
If a notice period is insisted upon and if you are absconding, your employer might follow a disciplinary process for breach of contract. You will not receive a relieving letter and full and final settlement. Additionally, you may receive negative feedback in future background verification processes.
So, wherever possible, try to obtain proper relieving with a partial notice period and pay in lieu of the balance notice period. Importantly, please do not join another employer without arriving at some amicable conclusion for this, or else you will face issues such as overlapping provident fund (PF) contributions.
From India, Madras
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1015If you had joined there as a trainee and signed some training agreement, then your employer might harass you with legal proceedings. Rather, if you joined as experienced and on probation, please check for a separation clause in your appointment order. If it is 3 months, then you need to serve a 3-month notice period or please check with your HR for buyout options.
If a notice period is insisted upon and if you are absconding, your employer might follow a disciplinary process for breach of contract. You will not receive a relieving letter and full and final settlement. Additionally, you may receive negative feedback in future background verification processes.
So, wherever possible, try to obtain proper relieving with a partial notice period and pay in lieu of the balance notice period. Importantly, please do not join another employer without arriving at some amicable conclusion for this, or else you will face issues such as overlapping provident fund (PF) contributions.
From India, Madras
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You should send a lawyer's notice stating your desire to be relieved of the cost in lieu of the notice period. Mention that you intended to serve the notice period but need to attend a class that has already started. The management should consider this as per the terms of your appointment, as there is a provision to pay in lieu of notice. It would be helpful to share the terms of your appointment for better guidance, as all suggestions are based on presumed conditions.
From India, Mumbai
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From India, Mumbai
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Withdrawl of Resignation and Notice period.doc
Resignation-Not ice Period- T._Purushotham_ Reddy_vs_United _India_Insuranc e_Company_..._o n_21_Nove.pdf