Upgrad LLM

did not serve notice period -- urgent


HI All,

I was working for a Top BPO in India for the past 18 months. Due to my family problems I had to quit the company. Per my terms of employment I had to serve 90 day notice period. The company could decide whether to accept money in lieu of the notice period. I requested multiple times to be relieved 3 weeks earlier to my actual relieving date. After constant followups I decided to leave the company without serving the notice period. I served 8 weeks of notice and left the company stating that i will not be able to continue due to my family exigencies. I am ready to pay out the notice period and my bond amount which I signed for an overseas trip. Please let me know what can my previous employer do legally. Can they force me to work? Will they ask me more money apart from the notice period and Bond amount? Please help me....

 

Thanks

Ratish

 
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Vice President

Hi...

U have 2 serve /work till the entire period of notice ,which in ur case is 90 days

since u ve not completed the perid of notice , u ve violated the terms & conditions of ur employment.

Therefore in such case even if u pay the amount 4 remaining period in lieu of notice ,ur employer may not

accept. As i do not have the terms of ur employment/ service , even then in genral principle the termination /

separation from employment requires certain notice period or pay in lieu of notice from both sides , i.e, employer & employee.

Plz approch ur previous employer  4 settlement .

Tks

Mahesh

 
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lawyer

Though it case of breach of contract of service, your previous employer y can not force you to continue employment can sue for damage and compensation. Since the notice period is of 90days and you have given two months notice and offered payment of one month salary in lieu of remaining period, you have complied the condition of your contract of service. However, it  depends , how you made your offer, in case, it is in writing, your action is perfectly legal as the verbal officer has no meaning unless the same is admitted by the other party.  In case, you have not made offier in writing, it is better to make officer in writing now.

 
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Thank you so much Kirti Sir.....My problem is that my company is adamant on forcing each and every employee to serve 90 day period. They are not considering any exception. Mine is a genuinie family issue....My family was not happy with the timings and the no of hours i had to spend at work. Due to which my relationship with my wife is at risk. This was the stage i decided to move on. After many discussions with my manager for an early  relieving, he completely rejected all requests. That is when i decided to move out sending an email to my manager and copying the HR too...I am ready to pay back monetarily....Can you please let me know what will be the amuonts that i will need to pay back? I also have a service agreement with them...it was a 2 year agreement for 2 lacs. However, since i completed 1 year of that service, per the contract i am required to pay only 1 lakh. I am ready to pay that to the company. However, needed a legal advice as to what will be the amount that they might ask in favor of damages....I also have proof that i did well at the company.....email confirmations from my client....from senior leadership on my performance.....Please advice....

 
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lawyer

can you mail the copy of your agreement, proper advice could only be given after seeing the terms of your service contract

 
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Security

Read your terms of employment carefully. If it is written that you have to give 90 days notice for resignation and the management can terminate you without notice, then there is no need to give 90 days notice as it implies a master and salve relationship and constitutes an agreement on unfair terms. 

 
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Hi Sir,

Regarding Notice Period Charges from Employer - Bangalore

As discussed with you I joined a company X in bangalore in April 5 2011 and worked there for 6 days without serving notice period of 3 months i left the company due to family reason. Now they are asking an amount of 33K as part of settlement by sending the notice(I havent received it yet, but collected the same information from the HR related to tht company.) Now as i didnt take any single month salary nor any benifit does i need to pay them as part of notice period. I have mentioned the below same reason saying my father was not well and my attention was needed at the time and due this condition i couldnt think about anything else but leave the company and go...So please help me in this regard how can i avoid this legally...

Please please help me in this regard sir.....

Regards
Shankar

------Sent the below email today to HR -----------------
As discussed with you regarding waiver of notice period, please find the soft copy of the statement attached.

Please help me in this case. Due to my Father's health I was unable to serve the notice period. I had informed my reporting manager (Swarna) regarding the same and had also raised a exit request specifying the reason in the tool. Since the family situation was very very critical and my father was paralysed with severe attacks, I had no choice but to leave at the moment and take care of my family. I had no time to serve the notice period but I informed my Manager about the situation.I was not aware that the approval is required after raising the request in the tool.

I sincerely request you to consider my problem and help me in this case.
-----------------------------------------------------------------------------------------------------
 

 
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Security

Dear Shank
 
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Security

Dear Shankar, How can I comment without seeing your appintment terms. You have said that you have to give certain period notice if you want to leave the job. What is the terms on which the company can terminate your service. Most companies state that they can terminate you service with out assigning any reason after giving a notice period of one month or no notice period in some cases. If your appointment letter states that your company can terminate you with one month notice or notice pay, you also need to give one month notice. If your appointment letter states states nthat you can be terminated without any notice period, you also need not give any notice to leave the job. please email your mobile number to my mail ID jasvinderstar@gmail.com and I shall discuss the matter with you.

 
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FIN

Learned experts/members have given valuable advice. Kindly follow it.

As advised by learned Mr. Tripathi you may submit notice of resignation, as ap.

2 months is a reasonable good notice.

 You may mention effective date of resignation clearly and address your notice to your appointing authority and request the good office to ensure smooth exit and complete the exit formalities within and up to effective date of resignation, and to supply you the acknowledgment and acceptance of resignation immediately and settle you’re a/c and supply you the work experience/service certificate, relieving letter, form 16, PF accumulation reports, PF withdrawal/transfer forms,  FNF statement, and payment of your dues by bank DD, within and up to effective date of your resignation and indicate by which date these shall be supplied to you. You may mention that company may inform you in writing to whom you should submit the company property and handover the charge and designated employee for this purpose may be instructed with a copy to you to handover the proper acknowledgment on the spot, and concerned formats/forms for this purpose may be supplied to you immediately. You may mention that you are informing the company sufficiently in advance and are willing to train the designated employee with in and up to your effective date of your resignation and company may make the necessary arrangements in time. You may submit a statement of payables/items to be submitted by you to company and payables/items to be submitted by company to you and request the company to verify the same and supply the verified lists (both) to you say within next 7 days by redg. Post so as to avoid wastage of time/funds and inconvenience at both ends. You may add that notice pay for shortfall in notice period of …….days may be adjusted @ basic pay ( or as agreeable to you) in your FNF statement and if the company wishes you to tender it in by cheque the same may be confirmed to you in writing, for needful at your end. You may mention work to you may be assigned keeping in mind your effective date of resignation.

You may submit all representations by redg. Post under acknowledgment followed by email with a copy to you, and request the company to supply all communications by redg. Post only, and may mention that if asked you shall submit postage prepaid self addressed envelopes.

You may add that you have already given representations in person on dated ………………to Mr…and Mr……designation, dept. in this regard.

You may avoid transacting verbally and submitting minutes of each discussion in writing with a copy to you if your line management/HR does not supply in writing and resorts to verbal communications only.

Avoid any altercation, dispute and do not leave any room for company to charge you on any count. Keep all the records and performance appreciation/appraisal copies safely with you.

If you have a record of work hours clocked by you, and work on holidays etc you may lodge a claim for overtime, now. Let the company reply to you in writing whatever they want.

You may well be able to handle the service agreement also. However it shall be appropriate to show appointment letter, service agreement, and all other relevant records to a competent service lawyer.

 
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