Notice Period Action on Not serving

You can make a settlement statement yourself by calculating the two months notice pay - (only basic) out of this amount, you may adjust the 15 days salary - full pay and send a DD for the net amount due. A word of caution - It is  not a good practice to quit a job even without simple notice. A employment contract has to be respected by both employer and employee and the employee, unless there are compelling circumstances, has to give a reasonable notice before quitting the present employment.

vasudevan

Do not pay anything. Let them take action if you don't require any experience letter or relieving letter.  

If I don’t serve the notice period, settlement of dues will be at Management decision "

If above clause is mention in your offer letter, than you don't need to pay anything.

Changing the job in 15 days is not Good Practice for Professionals

I agree with Vasudevan.

I don't agree to harbhajan.

Prima facie, you have breached the contract. You might get benefit from amiguity of the terms mentioned in contract i.e. at managment's decision. You can get relief only if the management ask you to do something unlawful or impossible as per the provisions in Indian Contract Act.

Other queries:

1. If you pay the notice period and do settlement, you are entitle to get both relieving and experience or at least experience letter.

2. Company can sue you for breach of contract

3. If company does so, this will be hectic for you only as somewhere in future, your reference check will be done

Mr. Govind Sharma:

You have not gone through what Mr. Suresh has said in his query. He has said that management has sent him several letters and one of them says about termination of his service. Now apparently this termination would be based upon the conduct of employee in absenting himself from the duty. Once the service is terminated by the employer    where is question of resignation and notice period. It shall be rather open for the employee to challenge the termination as illegal. If the management has terminated the service as per terms of the contract, rather the employee shall be entitled to notice pay not the employer. 

They can very well adjust with your available leaves if any. If there are deficit of leaves in that case there might be a need to compensate.

Hello , 

I need advice, I got good offer from new company . Now I have given resignation in current company but they are saying to stay for 3 months as a notice period which given in appointment letter,

The matter in appointment is like this 

Notwithstanding anything to contrary contained herein, either party may during the tenure of your service, termination of same by giving to other party not less than three months previous notice of termination in writing.

so now my query 

1.       Should I need to complete the notice period compalsoryly? 

2.       Will my balance leave useful to be given as notice period.

I am working with this organization from last 4 yrs & as a manager. But they are forcing me to complete notice period.

What option I have.

Hi 

Suresh kumar

I am facing exactly the same issue as yours and also the company is same :)

Could u pls let me know how u resolved ur issue.? It would be quite helpful for me.

Thanks in anticipation.

Hi,

I have resigned from my compnay and served 15 days of notice period, however my compnay have 2 months notice period.After i left the organisation my company sent me notice for terminating me as they are showing me absent from the company.

Please let me know how can i be terminated when i have resignated , and also i m ready to pay salery in lieu of notice period subject to relieving letter.

hi 

this is Jay

i work with a firm as a HR.

i put down my papers on 1st of march and as per company policy i'm serving a notice period of 1 month

bt the manager is forcing me to leave in 15days without any reason i've done all my tasks assigned  to me.

and he's also not providing me experience letter.

what should i do?