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MrDinoMorea (O)     14 August 2013

Is it a crime to leave a job without giving notice period?

Is it an offence for an employee to abruptly leave the job without giving any notice period to the company, for the simple reason that he has other issues and does not want to work for the company anymore? What if he DOES NOT owe them anything?

As per appointment order, there may be an agreement of 1 month's notice period on either side before quitting/termination. But what if this is simply not followed?



Learning

 6 Replies

A.SUMATHY 9380902017 (LAWYER)     14 August 2013

It is not crime.

AAK (Advocate)     14 August 2013

Its not a crime. At the most the company can claim some monetory compensation. 

Sudhir Kumar, Advocate (Advocate)     14 August 2013

at least in India it is not crime as the constitution gives fundametal right against slavery.  At the most it may be contractual violation.

MrDinoMorea (O)     14 August 2013

Thank you all for your replies. Suppose the employee cannot work for any reason, and if the company claims compensation, what can the employee do?

Rohan (Manager- Legal)     03 February 2014

I would say that the Employee needs to pay the compensation to the Company.

Kumar Doab (FIN)     04 February 2014

If there is a clause on notice period of 1 month or notice pay in lieu of notice period:

--- Then this is the max. Compensation or liquidated damages desired by employer that has drafted the contract of employment/appointment letter and this shall be the max. compensation to be paid by employer/employee, whosoever has initiated the separation.

 

---Employee or employer both can terminate the contract/employment with or without notice.

 

If employee has initiated the separation employee may demand to supply the correct FNF statement for verification and acceptance. Employer can adjust notice pay in FNF statement. 

 Works Committee, Trade union, O/o Labor Commissioner, Inspector under Shops and Commercial Establishments Act, or Civil Court can be approached depending upon the coverage of establishment  and employee………………

 

 

 

 

 


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