Mohit bansal 09 October 2015

Leaving job without notice

Hi All,

I really need some advice from intellects in this forum . My wife worked for a company for 4 months. She left a job due to some health reasons without serving a notice period . Today we recieved a FNF from company of 2 lakh Rs . We dont need any experience certificate as job duration was just 4 months. My fear is regarding any legal action .Can company really go and take a legal action against us ?? Please help .

Extract of contract is - "In case of your leaving or termination of service, three months’ notice or

payment in lieu equivalent to Basic Salary, House Rent Allowance,

Basket of Allowances and Additional Special Allowance will be required to

be given from either side. XXXX india reserves the right, if it is in the

interest of the business and current assignment, to ask you to complete

your notice period or salary in lieu of the notice period may be adjusted

against the entire or partial notice period. "

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1 Replies

Kumar Doab (FIN) 09 October 2015

Notice period/pay is part of service conditions that are governed by various enactments applicable to establishment/employer/employee..................e.g. Shops and Estbas Act of the state and standing orders.

These enactments shall prevail upon any private agreement/policy/rule etc that employer has signed with employee e.g. appointment letter/HR policy etc.........

You may discuss in person with employee's/trade unions leaders (tere might be many in your trade and trade unions have embraced and are willing to embrace employees in all trades)....................and an Labor Law Consultant.............before you proceed on your own...........

Your counsels may opine that the designation is glorified and you may be covered by the def. of 'Employee' as in Shops and Estbas Act and 'Workman' as in ID Act..................and in such case notice period for 4 months of service/during probation period may be NIL.................

The employees are fed to believe and some believe on thier own that they should not be members of unions and retain access to an able Labor Law Consultant and remain ill informed.

You should not have resigned if there were health issues and rather should have submitted sick leave application with medical certificate..................and/or submitted notice of resignation citing health reasons........................

Thee employer can waive off the notice period/pay................

Escalate to good offices of appointing authority/MD/Chairman and don't remain entagled with HR personnel/Line Managers...........