radhika s 13 October 2023

Absconded from my current company

I absconded from my current company after working there for 1.5months due to their toxic work culture and making me work on the weekends. The salary here comes on 10th of every month. I was in my probation period. After I received my 1.5month salary I put up a mail of resignation. Thereafter I didn't pick up their calls or respond to their messages. Yesterday they put a mail threatening me with a legal notice if I don't pay them with a 1.5 month salary as it had been mentioned in my appointment letter that if an employee resigns or becomes unavailable without any prior notice he/she is liable to pay 1.5month salary. Also I have received an offer from a bigger company and I do have a PF account. I haven't mentioned anything about this employment of mine . Please let me know what should be done in this situation.

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6 Replies

P. Venu (Advocate) 13 October 2023

The claim from the employer may not be legally enforceable. However, the facts posted suggest that there could be BGV issues during future employment. Try to settle the matter amicably.

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Dr. J C Vashista (Advocate ) 14 October 2023

Terms and conditions of your appointment which has been accepted by you shall prevail.

Sudhir Kumar, Advocate (Advocate) 15 October 2023

why do you want to create problem when you do not have any?

radhika s 15 October 2023

As in ? Didn't get you ?

Sudhir Kumar, Advocate (Advocate) 16 October 2023

WHY YOU WANT TO CREATE A RPPOBLEM WHEN YOU DO NOT HAVE A PROBLEM.

Ritesh Maity (Labour Law Advocate) 15 November 2023

You are required to serve notice period or pay in lieu thereof in terms of your letter of appointment. If your letter of appointment contain clause of serving notice period of 1.5 months or payment in lieu thereof, they you are legally required to pay. If not, there is nothing to worry. The actual wordings of the appointment is required to be considered first before coming to any conclusion.

Assuming that you have such clause of notice pay in your letter of appointment, then you are required to serve notice period or pay in lieu thereof failing which the company has the legal right to recover the outstanding notice pay from you by issuing demand/ legal notice (which I can assume has been already sent) before taking you to court of law.

However, most company do not go beyond sending demand/ legal notice since going to court (in India) is very time consuming and expensive and may not be worth pursuing for the management.

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