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Rathin (Manager)     12 September 2012

Notice period

Dear Sir,

If i am not not serving the notice period what legal action can take against me.






 3 Replies

Adv. Meenakshi S (Advocate-Sra and Mhada matters)     12 September 2012

You mean you want to resign without giving the one month notice? Yes the organization can take an action against you considering you are a valuable employee and have caused loss to them by not working for that notice period…AS the agenda behind notice period is the handing over phase, where the company wants to ensure safety security and smooth functioning subject to your leave.

kameswarao S (Head HR)     12 September 2012

If you are not serving the notice period then are you ready to  pay in lieu of your notice period.  First of all do you have a clause in your appointment letter as part of your contract of your employment, in general it is YES. If it is there either you have to serve the notice period or else with the permission of the management you need to pay in lieu of notice period.

With out completing either of the formalities then you will be treated as absconding, if the management came to know you joined some where and working then they can send legal notices to you with a copy to your new employer.  Prior to that with out submitting your resignation and closing all the accounts with the company if you joined some other company it comes under double employment and as well as the management can proceed legally by taking option of  violation of confidentiality etc. Hence it is better to submit your resingation / pay in lieu of notice period, obtain relieving & service certificate.

It is a threat to your career, normally every person will opt for similar industry and if this information goes in to the market it will be dificult for you to continue in the profession.

Regards - kamesh

sony (Software eng)     14 September 2012

Hi Sir, My friend is working in a MNC and her notice period seems to be 2 months and she served the notice period,only 2 days needs to by it possible?As we checked with the HR it seems like it is possible,when it comes to management they are refusing to release,as she wants to get released because of family it possible to get released before 2 days?And they are also telling that the resignation acceptance letter and also the offer letter the date is mentioned wrongly,if checked with HR we are not getting proper response.Even sent mail for the update no luck,We are worried as we dont even have a proper offer letter.Please help us!!!

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