Notice period - Urgently need advise

If you feel like you can respond to notice otherwise you are not liable to pay any money to the employer. . 

Thanks for the reply sir.  But company is threatening to take legal action if do not pay the money. Please advise me what action i can do now. I do not have time to face all these as i'm totally occupied with my professional work. Please advise me.

Also as i have resigned through email i do not have any written accceptance of resignation from the employer. Will this can create any problem legally?

The employer is threatening to sue you allegedly because in his opinion you have left the job contrary to terms of contract. So one thing is clear that he acknowledges that you have resigned so you do not have do take any further action on that. 

In a job contract, it is always a stipulation to bring that contract to an end either by the employer or the employee.  If you remain absent from the job even if you had not resigned the employer could only terminate your services and that too if advised properly by a simple notice and would not bother about holding your absenteeism a misconduct through a process of inquiry.

If you have not done anything like misaapropriation of property of the employer including  trade secrets which you had with you as an employee,  do not consider the employer more than a paper tiger.   

Dear Kishore,

To your safeside, as a matter of precaution, please recheck your offer letter/appointment letter with reference to the Employee/HR Manual, if there is any such treacherous clause, for example, "termination by the company or resignation by the employee would be subject to the rules of the company or the Employee Manual", etc. Also go through the HR/Employee Manaual of the company before you decide to respond, so that you should not remain in dark if trying to resort to the  legal process.

Further, the company cannot claim any amount more than the notice period pay deducted by the salary for the days alrady served during the resignation notice period, provided they don't have any other claim or loss/damage caused by the employee.

If the company tries to file a legal case against you, it will have to justify its claim as per the provisions made in its rules and procedures and the law of the land., that too without serving you a detailed legal notice with full justification.

PS Dhingra

CEO, Dhingra Group of Management & Vigilance Consultants

New Delhi

I agree with experts. Since you have not signed any bond. you need not to worry. However, in case, there exists any contract too. for this purpose the employer has to file Civil suit for recovery of money . This not a easy task. it involves huge amount to pay Court fee and a considerable period. also it involves so many complications. No employer prefers to do so. This type of activities are adopted by the employer to put pressure.  So my advise is you should not worry and in case any action is taken by the employer. Defend yourself. Maximum they can clam amount under the contract. As it is settled position of law a contract of personal service can not be enforced specifically. Employer can not force you to work under him

Hi Sir,

I am also in the same situvation now.

I joined in XYZ company in Chennai and left the company in 15 days only..

1Problems is that so told they provide Hotel for initial but given worst paying guest.

2 initially they asked me to stay 12 hours 10 am i roprted going to to home after 10 pm

3 Weahter not suitable to my body, Dehidration came a lot....

considering all this I told I will go away....but they lafuehed ...I went to my home town and as not feeling well asked my brother to write Resignation letter email and initiated in their tool, they said on behalf cannt aceept and asked to to talk.

but I never responded....now....they sent me it seems a legal note...I have not took the same as i am not staying there but came to know that its a legal notice.

Please advise me , what the furhter action they can take aginst me...in terms and condition written that they can take displanry actions...

Please...

Hi Sir,

I am also in the same situvation now.

I joined in XYZ company in Chennai and left the company in 15 days only..

1Problems is that so told they provide Hotel for initial but given worst paying guest.

2 initially they asked me to stay 12 hours 10 am i roprted going to to home after 10 pm

3 Weahter not suitable to my body, Dehidration came a lot....

considering all this I told I will go away....but they lafuehed ...I went to my home town and as not feeling well asked my brother to write Resignation letter email and initiated in their tool, they said on behalf cannt aceept and asked to to talk.

but I never responded....now....they sent me it seems a legal note...I have not took the same as i am not staying there but came to know that its a legal notice.

Please advise me , what the furhter action they can take aginst me...in terms and condition written that they can take displanry actions...

Please...

Hi,

If there is no written appointment letter, is the employee required to serve the 1month notice period. What if there was a verbal communication of this during hiring. Also does the situation change if the employee has worked for more than 3 years???