I absconded from IT company within 15 days. The appointment letter does not mention exact duration of notice period it says that employee needs to serve notice period applicable as per the resignation policy during time of resignation.
The policy is not attached with appointment letter it is in company intranet portal for different band company has different notice period.
Is this dynamic clause mentioned in offer letter valid? Can Employer take legal action on Me based on that clause?
From India, Nagpur
The policy is not attached with appointment letter it is in company intranet portal for different band company has different notice period.
Is this dynamic clause mentioned in offer letter valid? Can Employer take legal action on Me based on that clause?
From India, Nagpur
Such a clause enabling the employer to fix the notice period when the occasion for resignation arises is vague and as such it would be untenable even if it is mentioned in its portal. In stead, the Company can mention the exact notice period in the appointment orders itself as applicable on that date subject to any future change in policy.
However, being an absconder, the questioner can not take any protection even under such a vague clause.
From India, Salem
6016However, being an absconder, the questioner can not take any protection even under such a vague clause.
From India, Salem
Thanks for reply
The resignation policy given in company portal is 3 months
can the Company sue Me legally on the basis of this dynamic clause and ask Me to pay money for 3 months notice period ?
repeating the clause again
"employee needs to serve notice period as applicable in the resignation policy during time of
resignation, failing to do so Company has right to recover consolidated salary for the applicable notice period days "
in Company portal notice period for My grade is 3 months
From India, Nagpur
The resignation policy given in company portal is 3 months
can the Company sue Me legally on the basis of this dynamic clause and ask Me to pay money for 3 months notice period ?
repeating the clause again
"employee needs to serve notice period as applicable in the resignation policy during time of
resignation, failing to do so Company has right to recover consolidated salary for the applicable notice period days "
in Company portal notice period for My grade is 3 months
From India, Nagpur
I think that you miss to evaluate the consequences of abscondence of employment. Abscondence from employment is not only a breach of the contract of employment on the part of the employee but also a grave misconduct warranting severe punishment like dismissal. Every establishment hiring people is basically a venture to achieve its goals through the co-operative endeavor of the people so hired marked with discipline and sincerity. Discipline includes proper adherence to rules and regulations of employment too. Of course, no employee can be compelled to continue his services in an establishment against his/her wishes. S/He has the freedom to exercise the option according to his/her convenience. But it is not absolute. The rules of notice for resignation are reasonable restrictions in this regard and the employee has to abide by them and payment in lieu of notice can not be equated to bribe for wanton transgression. As mentioned earlier, an absconder can not take shelter under the notice clause by being prepared to pay off the notice salary to convert his separation smooth and lawful. Still the employer can reject it and terminate your services as per the legal procedure. In such a situation it would certainly adversely affect your future employment elsewhere. Entry into and exit out of employment should always be through the proper doors. Think twice before accepting an offer of employment and then join and in case you find your decision to be wrong later, go out by following the rules of resignation.
From India, Salem
From India, Salem
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