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Ajay Kumar   16 November 2018

Left previous employment without serving notice

Hi All,

 

I have left my previous organisation without serving any notice period and sent resignation through email. After 2-3 weeks I received email from my employer asking me to pay in lieu of notice period which was not served in order to clear my dues and issue a relieving letter. I dont want the relieving letter nor do I want the dues to be paid back to me.

 

Is there any legal consequences to this? Can my previous employer initiate any legal action against me and make me pay the amount asked of me in lieu of the notice period? And if should I consult a legal expert/lawyer in this matter?

 

Please advise.



Learning

 9 Replies

Ajay Kumar   16 November 2018

I worked there for only 4 months and didnt liked the environment. Have secured another job and have already started there too.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     16 November 2018

Legal consequences will be there ir nit, depends upon the agreement you signed while joining. Every organisation has standing orders which are applicable to every employee. Legal consequences apart, word will go round about you that you left the job without informing. All employers of the same trade and ancillary trades share information regarding employyees who just like that absconding and leaving job besides misbehaviour, frauds etc. Therefore, as far as possible, it is always safe and also correct to get out of an organisation properly with a relieving letter.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 November 2018

Does your previous employer know about  your present employment?  If not, the chances are 90% there will be no consequences particularly in low level jobs. What is approximately the amount due for notice period? How much is the amount due to you? It appears that your previous employer has accepted your resignation. Compensation for notice period is a notional one, You just keep quiet. If there is a serious development (not likely) come here again.

P. Venu (Advocate)     16 November 2018

There may not be any consequence in the ordinary course, unless the former employer is adament in adopting legal options.

Prasad Hirve   16 November 2018

Hi I have resigned and releived from my job 15.09.2018 . But till today i have not received the my settlement like salary Month of August 2018 , 10 days salary in Month of September 2018, I have so many folloup by phone and visit Office and contact HR Person buy they said Full n final settlement process in Account deaptment but I contact to Account contact person and he said owner said not eligible to salary and don't paid salary to employe and after completing notice period also completed 60 days period they are not geving any response. so please give me advise how can I get my full and final from the company. Thanks & Regards Prasad Hirve

Prasad Hirve   16 November 2018

Also my One month Incentive also not paid my company

Kumar Doab (FIN)     16 November 2018

While posting such queries employee should post basic information!

What is this establishment; Govt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was your resignation accepted and FnF statement issued to you? Did you accept the FnF statement in writing?

Did you submit written representation under proper acknowledgment and did company reply in writing?

 

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

Kumar Doab (FIN)     16 November 2018

Originally posted by : Ajay Kumar
Hi All,

 

I have left my previous organisation without serving any notice period and sent resignation through email. After 2-3 weeks I received email from my employer asking me to pay in lieu of notice period which was not served in order to clear my dues and issue a relieving letter. I dont want the relieving letter nor do I want the dues to be paid back to me.

 

Is there any legal consequences to this? Can my previous employer initiate any legal action against me and make me pay the amount asked of me in lieu of the notice period? And if should I consult a legal expert/lawyer in this matter?

 

Please advise.

 

The communique from establishment is clear and forthright and fair (per facts if you revert to the points pointwise).

IT is always goof to have correct FnF statement , setlement, acceptance of resignation, service certificate, relieving letter.

 

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 November 2018

In electronics, in chemical industry, metallurgy as well as in many other industries extremely pure materials are not suitable. It is so in life too.  A young qualified person will be looking for the best job he can get. Employers will place all kinds of jealous restrictions, which can ruin the career of young aspirants. One may land in a job with a bad employer or otherwise a bad job and the candidate will be looking for an opportunity to escape. He gets a new very good offer. But the new employer is not willing to wait for the so called notice period. My advice for the young person is quit the old job and take up the new one. Think of facing the consequences as and when they come.  If what he does is a misdemeanour it is worth resorting to. 

Things are different if the person is in a senior position with important responsibilities. But senior persons do this more often. They don't come here for advice.


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