Resignation without notice
Querist :
Anonymous
(Querist) 16 November 2018
This query is : Resolved
I have resigned from my previous organisation without serving any notice period after working there for 4 months. Whereas my contract says that I need to serve 3 months notice. Now my previous employer has sent an email stating that I need to pay in lieu my notice period as stated in my appointment letter.
Is there any legal consequences? Can my previous employer enforce the clause mentioned in the appointment letter and I have to pay the money as mentioned in the email? I dont want the reliving letter or experience letter from that organisation as I have worked there only for 4 months.
Guest
(Expert) 16 November 2018
Meet your Management in person and politely convince them and seek an amicable remedy. Going for legal battle would obviously affect both the sides.
Dr J C Vashista
(Expert) 16 November 2018
Anonymous author is not obliged by experts as per rule of this platform.
However, you will have to stick to the accepted terms and conditions of your employment or face consequence.
Kumar Doab
(Expert) 16 November 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.
Kumar Doab
(Expert) 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 while you post with your ID .
