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X (z)     22 March 2011

Absconding

Hi,

I joined a MNC IT company and after 2 days of joining formalities I didn't go to office to personal reasons.

Initially the company sent me 3 letters regarding my asbsence from work to which I replied them on e-mail that you can go ahead and terminate me but I cannot join back due to personal reasons.

Now, the company has sent me the letter that "We assume you are leaving the job on your own violition. When we settle the dues, we reserve the right to recover the 2 months salary in lieu of notice period".


Please help me how shall I approach this situation.

Thanks for your help.



Learning

 4 Replies

M.Sheik Mohammed Ali (advocate)     22 March 2011

as per law once you joined in any one pvt company or mnc, you must noticed one month , but same time you replied in the same, dont worry about

X (z)     22 March 2011

I had said them on call that i will not be able to join back soon and you can go ahead with termination. Also, then after the first letter I sent this on mail.

However, as per law will I need to pay any notice pay to them? If yes, then 2 months basic salary or gross pay ?

Also, shall I reply back to them now?

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     23 March 2011

Mr X

You have no right to claim 2 months salary in lieu of Notice as per law. Tell me which law says that join the Co. and soon after join the Co. remain absent and when recieve reminder, reply without showing reason of your absent.

Your case is too weak. Do not try to blackmail the MNC. You can not be given anthing for which you have done nothing. You just entitled only 2 days salary.

However anything if yopu can claim is entirly depends upon your terms of appointment letter.

X (z)     24 March 2011

Hi, I guess you have got it wrong..!! I am not asking for anything from them, it is the MNC that is asking for a 2mnths salary in ,lieu of notice period.


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