Hello everyone,
I was working for a company in a contractual basis job. Now, I have got a better opportunity, so I left my previous job. I did not serve any notice period. Will there be any bad consequences as I did not serve a notice period?
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I was working for a company in a contractual basis job. Now, I have got a better opportunity, so I left my previous job. I did not serve any notice period. Will there be any bad consequences as I did not serve a notice period?
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Understanding Fixed-Term Contracts and Notice Periods
In any Fixed-Term Contract of Employment, there is typically a provision for the unilateral termination of the contract by either party, which involves setting a specific notice period. The parties are expected to adhere to this notice clause; failing to do so would constitute a breach, thereby entitling the other party to claim liquidated damages equivalent to the notice period salary. It seems that the poster's query is based on this provision.
This kind of inconsiderate attitude, coupled with a total disregard for contractual obligations on the part of employees, can provoke employers to be equally inconsiderate and ruthless in situations that might otherwise warrant compassion. To avoid negative remarks from the ex-employer during background verification and any potential legal action for damages, it would be advisable for the poster to approach the ex-employer, explain the reason for the lapse convincingly, and settle the issue of notice amicably.
From India, Salem
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6108In any Fixed-Term Contract of Employment, there is typically a provision for the unilateral termination of the contract by either party, which involves setting a specific notice period. The parties are expected to adhere to this notice clause; failing to do so would constitute a breach, thereby entitling the other party to claim liquidated damages equivalent to the notice period salary. It seems that the poster's query is based on this provision.
This kind of inconsiderate attitude, coupled with a total disregard for contractual obligations on the part of employees, can provoke employers to be equally inconsiderate and ruthless in situations that might otherwise warrant compassion. To avoid negative remarks from the ex-employer during background verification and any potential legal action for damages, it would be advisable for the poster to approach the ex-employer, explain the reason for the lapse convincingly, and settle the issue of notice amicably.
From India, Salem
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Thank you, sir, for your valuable inputs. I would like to mention that as per the agreement, if I am not serving the notice period, they can deduct the notice period amount. Can they do anything else apart from deducting the notice period amount? I have submitted all the assets to the company.
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Employer's discretion in fixed-term contracts
The very purpose of forming a fixed-term contract of employment is to fulfill a job requirement for a predetermined period. Selecting a particular person for that job ensures its successful completion through their assured stay during the entire contract period.
If an employee leaves their job suddenly without notice, assuming the employer can simply deduct their notice salary from their final settlement, no sensitive employer would be content with such a recovery. The exigencies of work may make finding a suitable replacement impossible, and the employer might have preferred the employee's actual service over compensation.
Employer's discretion in notice period buy-out
The employee should always remember that work exigencies grant the employer some discretion regarding the buy-out of the notice period, making the employer a superior party in the contract of employment. The employee should try to make amends with a polite approach and provide convincing reasons for their sudden decision.
From India, Salem
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The very purpose of forming a fixed-term contract of employment is to fulfill a job requirement for a predetermined period. Selecting a particular person for that job ensures its successful completion through their assured stay during the entire contract period.
If an employee leaves their job suddenly without notice, assuming the employer can simply deduct their notice salary from their final settlement, no sensitive employer would be content with such a recovery. The exigencies of work may make finding a suitable replacement impossible, and the employer might have preferred the employee's actual service over compensation.
Employer's discretion in notice period buy-out
The employee should always remember that work exigencies grant the employer some discretion regarding the buy-out of the notice period, making the employer a superior party in the contract of employment. The employee should try to make amends with a polite approach and provide convincing reasons for their sudden decision.
From India, Salem
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Contract Letter to an Employee for fixed period.doc