Murthy 21 October 2021

employee resignation without notice

An employee of a coaching centre quit his teaching job without notice when there was a contract stating that for resignation 10 month work tenure and 3 months notice period is mandatory or penalty of salary shall be imposed

what are the charges emplouer can make against the employee ?

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An employee at a coaching centre resigned without providing the mandatory three months' notice as stipulated in their contract. The contract also stated a penalty equivalent to salary if the notice period wasn't served. The employer is seeking to understand the charges they can bring against the employee and if they can claim damages for breach of contract. While the employer can pursue civil action, employees have several defences, making a successful claim unlikely in court.

4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 21 October 2021

As per your appointment letter clauses, they impose penalty

Dr J C Vashista (Advocate) 22 October 2021

Terms and conditions of contract shall govern the case.

Murthy 23 October 2021

can allege breach of contract and claim damages ?

P. Venu (Advocate) 28 October 2021

Yes, the employer can initiate a civil action to enforce the terms of the contract. However, there are many a defence available to the employee. There is very little chance that the court will decree the suit.