Hi, I have a query regarding joining an organization for brief periods. Actually, I joined an organization some time ago, but the projects and internal team architecture are quite different from what I expected, and it is not advantageous for my career. I quickly received a better opportunity with another organization and need to join them promptly. However, when I requested my current organization to release me in a week, they insisted that I serve the notice period, which I cannot do. If I leave the current organization without serving the notice period, what actions could be taken against me? I have not signed any bond or agreement with the organization. Please advise.
Thanks,
Raj Aryan
From India, Delhi
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Thanks,
Raj Aryan
From India, Delhi
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If there was no bond or specific agreement with the organization, you can leave by submitting a written request and handing over any company documents, property, etc. The current organization can, at best, delay final settlement and delay or refuse the experience certificate. Normally, all offer letters/appointment orders give a specific notice period. Are you sure they have not spoken about the notice period?
From India, Pune
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3180From India, Pune
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Notice Period Dilemma
There is a notice period of one month mentioned in my offer, but it is not possible to serve the notice period as I have to join another organization within a week. Though I neither mentioned this small experience of 3 months in NSR nor do I want any experience letter from the organization. If they do not agree to release me in 2-3 days or so, then it will be a kind of absconding case as I will leave the organization after handing over their assets to them.
I am leaving the organization at the end of the month, so there is no debt on me from the organization. In that case, what action can be taken against me later on?
From India, Delhi
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There is a notice period of one month mentioned in my offer, but it is not possible to serve the notice period as I have to join another organization within a week. Though I neither mentioned this small experience of 3 months in NSR nor do I want any experience letter from the organization. If they do not agree to release me in 2-3 days or so, then it will be a kind of absconding case as I will leave the organization after handing over their assets to them.
I am leaving the organization at the end of the month, so there is no debt on me from the organization. In that case, what action can be taken against me later on?
From India, Delhi
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Handling Contract Violations and Notice Periods
First, offer to pay one month's salary to your current company in writing. Your offer letter is the basis on which you have joined. Breach of terms is a contract violation. The remedy for contract violations can be through civil courts. However, I don't think the company will go to the extent of filing a case. (This is strictly a personal opinion.) The company can write to your new employer about your being an absconder. This will have two effects: one, that you have hidden this employer's details, and the other about your conduct as an employee. The best option is to buy out the notice period and hand over all company property on time under acknowledgment.
Mr. Raj, What I have written above is my perception of how things could be. It is strictly your call on deciding the course of action. Please consult other learned people also.
Regards
From India, Pune
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First, offer to pay one month's salary to your current company in writing. Your offer letter is the basis on which you have joined. Breach of terms is a contract violation. The remedy for contract violations can be through civil courts. However, I don't think the company will go to the extent of filing a case. (This is strictly a personal opinion.) The company can write to your new employer about your being an absconder. This will have two effects: one, that you have hidden this employer's details, and the other about your conduct as an employee. The best option is to buy out the notice period and hand over all company property on time under acknowledgment.
Mr. Raj, What I have written above is my perception of how things could be. It is strictly your call on deciding the course of action. Please consult other learned people also.
Regards
From India, Pune
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