raj_cs (STL) 30 November 2011

Not serving notice period in full

Hi,
I have been working for an IT company for 4+ years and am currently abroad on an assignment. I am not on probation, but a confirmed employee. Due to lack of proper work and growth prospects, I have resigned from my company and given them 3.5 weeks notice.
According to my joining letter terms and conditions, either party needs to give 3 months notice. Exact clauses from the offer letter are as below:

" 7. During or at the end of period of your probation, your services may be terminated by either
party giving the other 1-month’s notice or basic salary in lieu thereof.
8. Subject to the provisions contained in clause 7, on confirmation and thereafter your
services shall be terminable by either party giving the other three-month’s notice.
Company may, however, reduce this notice period at its discretion by accepting basic
salary in lieu thereof.
"

I have offered to pay basic salary in lieu of the notice period which I am not willing to serve.
I have also offered to do Knowledge transfer during this period and complete all tasks assigned to me before my resignation.

But the company has rejected this offer and wants me to complete the notice period and are now threatening legal action.
They are saying that even if I leave after 3.5 weeks, they will still consider I am on their payroll and hence sue me for having dual employment.
I cannot serve full 3 months as I will lose the new opportunity in that case.

My questions are:
1) What kind of legal action can the company take against me ?
2) Can they declare me an absconder even though I have given my notice in writing (via email) ?
3) If I join the other company after 3.5 weeks, will it be actually treated as a case of having dual employment?

thanks in advance for your kind reply

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1 Replies

Kumar Doab (FIN) 30 November 2011

It is believed that your submissions and response of company including threats are all verbal. Employee should record (audio/visual) the threats.

You may submit your notice of resignation by letter addressed to your appointing authority followed by email, under proper acknowledgment., with effective date of resignation clearly mentioned in it, and demand acknowledgment of notice immediately, and to supply you the acceptance of resignation, FNF statement, work experience certificate/service certificate, relieving letter, settlement of a/c and payment of your dues by bank DD,PF accumulation reports and withdrawal/transfer forms (if any),form 16, by registered post within effective date of resignation. You may mention your good intentions of knowledge transfer, and to complete all assignments. However you should mention that designate employee for replacement may be provided sufficiently in advance, and the routine work may be assigned to you keeping in mind your effective date of resignation. You may quote the appropriate clauses of appointment letter on separation/termination. You may mention that you are willing to tender the notice pay and same may be adjusted in FNF statement and if the company wants to avail it by cheque company should state so in writing, and company should supply all communications by redg post only and you are willing to supply self addressed psotage prepaid envelopes if these are demanded from you in writing.

You are within your rights to lodge a complaint in writing under acknowledgment addressed to your appointing authority, MD, HR-Head, Company secretary, on bad intentions of company represented by personnel (name, department, designation, address, phone number) to ignore/feign the receipt of your notice of resignation or destroy the notice supplied by you and lodge a false cases on you and destruct/destroy your chances of growth in your career and finish your employability and source of livelihood. You can demand from the good offices to confirm in writing the action of the personnel are in line with policies of the company or his personal/individual decision, so that you can have clear understanding on the matter.

You may submit gentle reminder (s) under acknowledgment and finally resignation on effective date of resignation, under proper acknowledgment, by letter followed by email.

It shall be appropriate to obtain the copy of employee rule book and standing orders of the company, all relevant records/emails/letters/appreciation record/appraisal copies/ attendance record till last date and any other record deemed fit.

Obtain POD of all communications by courier/redg-speed post.

You may inform your next employer by letter under acknowledgment followed by email that you are in position to supply the copy of notice/resignation and AWB bill/receipt of redg post only and shall be in position to supply , FNF statement, work experience certificate/service certificate, relieving letter, only, if or as and when received from your employer. However you can supply the copy of your request fore the issue of the same.

If the company declares you absconding or charges you for dual employment you can sue the company. You know the facts and situation better than any one else and may fine-tune your representation; however you should not miss or ignore the imp. points.

You should highlight your services, accomplishments, contributions and demonstration perseverance, and association with the company in highs and lows. and request the good offices to waive off the notice period, which is a provision expressed in your appointment letter. This shall be quickest and easiest solution. Employee in today’s environment need to acquire exceptional levels of persuasion, persistence, negotiation, reasoning, rapport building skills and must remain amiable.

You should remain gentle and amiable and should leave any room for company to charge you on any count..