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Mohammed Hussain   14 November 2018

Left work without serving notice period

Hi All,

One of my friend had family emergency(his wife was pregnant and no was there to take care of her) and left the organization without serving notice. He asked for work from home option but company couldnt give work from home for more than 45days.

So he informed his immediate manager, Director and HR department verbally and he has also sent an email stating that due to family emergency he had to leave the company and couldnt serve the notice period. He felt painful for leaving such a good organization.

Initially the company people agreed verbally but didn't sent any acknowledgment to his resignation email.

After 1 Week the company HR has sent this email:

 "Just wanted to remind you as part of the agreed employment terms and conditions if you do not wish to continue working with us, you will have to formally resign from the company and serve a notice of 2 months or pay in lieu of as liquidated damages on account of company having to spend towards cost of hiring and replacing expenses.

 Further to the above please come and meet us in person on or before 26th of Nov’18 else your employment would be considered as absconding from services and we would initiate a disciplinary action presuming that you have no explanation to offer and the matter will precede legally. In anticipation of your quick response."

 

He is now taking care of his wife and he couldnt report to work.

Need your help in getting this issue.

Thanks in advance.



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 November 2018

He would have respond to his H.R. request. So now legally he cannot do anything. Even now he can contact H.R. in writing.

Suri.Sravan Kumar (senior)     14 November 2018

He is bound by the terms and conditions of his employment. violation will attract action as well as legal action also.

Ramakrishna Setty (HR)     14 November 2018

As per our view on this issue, you had been discussed with HR only for verbal not a documented it was main point.

As per employment terms and conditions of notice period was agreed. what you have brifed all related family issues and enclosed witness of documents produce to HR.

then company will take good decision on your part of notice period will redusued.


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