Company refusing to waive off my notification

Querist : Anonymous (Querist) 27 September 2026 This query is : Resolved
I have been working in a lala company for the past one month. Next month will be my two months in the company but I already wish to leave. The people in here have absolutely pushed me to my limits. The probation period here is of 3 months. It has reached a point where the upper management intentionally mention the probation period to keep me away from the rights full time employees get yet make me handle works of full-time employees. Further, I have joined a fellowship research program as well. I have shown letter of immidiate joining from the head of the department. Further, I have shown prescriptions from my optimetrist and psychologist as well who have through and through told me to take rest as well and stated that I'm in no condition to serve further. But the HR refuses to accept my resignation. She said that I have to serve notice period or they'll take legal measures against me. They don't care bout my health. I've promised that I will not take a cent from them, atleast 20 days of wage yet they refuse to let me go, hell bent on making me serve one month of notice period. I have pleaded that I'm only in condition to serve one more week yet none of them are listening to me. My TM and TL are bullying me as well since HR is blaming them. I've reached a point where I'm having thoughts of self harm. I have to leave before I lose my mind. If I abscond, what steps can they take against me? I have proofs of emails that I tried negotiating with them

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An employee is facing difficulties leaving a company within their three-month probation period, as the employer is refusing to waive the notice period despite medical documentation and a fellowship offer. The employee has offered to forfeit wages but the company insists on the full notice. The advice suggests that while the contractually agreed notice period is binding, medical unfitness can be a valid ground for early exit. It also clarifies that absconding is a civil, not criminal, matter and legal action is unlikely for a short-term employee, advising to formally return company property and communicate solely via email.

kavksatyanarayana (Expert) 30 September 2026
If your appointment letter specifies a notice period during probation, you are legally bound by those terms. Waiving a notice period is completely at the employer's discretion unless stated otherwise in your agreement. If you have certified documents proving you were medically unfit to continue working, companies generally cannot force physical attendance, though they may adjust notice pay against your final settlement You may forego your one month salary and ask them to relieve you.

T. Kalaiselvan, Advocate (Expert) 03 October 2026
Failing to serve a notice period or leaving a job is a civil breach of employment contract, not a crime. The police will not be involved, and HR cannot file a police complaint for quitting. Filing a civil suit for breach of contract in India costs a significant amount in legal fees and takes years in court. No company spends tens of thousands of rupees to sue a probationer who worked for one month and isn't asking for wages.
If your appointment letter states a 1-month notice period (or pay in lieu), they may issue a legal notice or demand letter claiming notice pay or training damages.
However, since you have medical prescriptions from an optometrist and a psychologist stating you are unfit to work, Indian labor laws and contract principles recognize medical unfitness/incapacity as a valid ground. HR cannot force an incapacitated person to work.
Instead of vanishing silently without a paper trail, protect yourself legally and protect your mental peace with a clear, final exit record.
If you have a laptop, ID card, or any company property, return them immediately via courier with tracking or hand them over with a signed receipt. Keeping company property can give them valid grounds to raise a complaint.
Once the formal final email is sent and company property is returned, cease all verbal communications. Do not answer calls from HR, TL, or TM. If they need to communicate, force them to do so strictly over email.

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