Notice period violation - what action can the company take?

They may not give you Experience certificate, Relieving order etc that may be required by the new company that you may want to join.  Legally they can file a civil suit to recover the damages arising out of your absence from duties during notice period, which anyway you assured them to pay without having them to contest in court.

They may also stop payment/transfer to your new company of any amounts relating to terminal benefits like EPF, Gratuity, Pension etc.

Mr. Shafique,

Civil suit for recovery of money for not serving notice period. Also, they can hold your experience letter, pf, gratuity, bonus etc.,

Let me know, if there are any concerns.

Regards,

Nagaraj

Corporate, Commercial & IP Lawyer

IP Lex Global Services

Email: nagaraja_bs@iplexglobal.in

www.iplexglobal.in

Hi,

Since this is a related post I am posting alongside.

Actually my case is similar.

I joined an IT firm based on the promise by their recruitment HR that my job location will be in chennai and I will be a billable resource. But once I joined they told me that there is no projects in chennai, so you had to go to bangalore or be non-billable. Being non-billable means part of my salary will not be paid. This is the case in most companies now.

I resigned stating that the promise made during the recruitment was not held true. My manager and the HR spoke to me after I sent the resignation letter, they advised me to remain unbillable and they fill fit me once they get a project in chennai. I said i can't do that and I would rather resign. The HR person told me then you had to server the notice period. 

I told him  I will think about it and came out of that meeting.  I did not went back to the office from the next day as I found simply serving the notice period (that is 2 months ) will only spoil my career and my life. 

 After a week I got a letter stating that my unauthorized absence is causing the organization trouble and asking me to immediately return to office.

 My total days of working in the organization is exactly 8 days. I have my resignation letter sent to my manager and HR.  Please advise what legal actions can be taken from their side and what are my side points if I can contend if a case is filed.

I  just wished to work in my choice of  place. But now because of the false commitment by them I am fully stressed and lost my peace. Your advice could  help in clearing my mind. 

Regards,

sebaztian

Dear Experts,

I really appreciate your responses. Thanks a lot for responding. I would like to know if they can really hold my PF money. Can not I withdraw PF if I know the PF account number. I heard that the PF money is credited to Central government and the company will have no say if the employee wants to withdraw the amount if he is no longer an employee of the company. And for the Civil Suit, I am ready for my notice period buyout even now but my only concern is the PF money. Please advise/suggest.

Regards

Shafique Ahmed

--PF and Gratuity are covered under Social Security Laws.

--PF is immune from any attachment.

Can the amount standing to the credit of any member in the Fund be assigned, charged or attached?: The amount standing to the credit of a member in the Fund cannot be assigned, charged or attached under any decree or order of any Court. Similarly, the amount standing to the credit of a member in the Fund at the time of his death is free from any debt or other liability incurred by the member before his death and cannot be attached under any decree or order of any Court. {Section 10}

  If your future plans are to be in employment it shall be better to transfer the PF to new company and keep the a/c regular for 10 years and be eligible for pension.If you withdraw you shall loose major portion of pension component.