shailendra chauhan 10 June 2021

Regarding notice period buy outs and absconding

I'm working as a Software Engineer in an IT firm. It is a MNC company. 50 days ago I joined to this company. Now I have got a better opportunity from a good company and I'm planning to switch to that and they want me to join within one week only. Yesterday, I have put my resignation here. In the current company's offer letter there is mentioned 'Your services can be terminated by giving 60 day's notice, in writing or payment of salary in lieu of notice on either side.' Firstly, I tried to convince the HR that I don't have any dependency as such because I have joined just 50 days ago and no project has been assigned to me yet, so allow me to go in 7 days. But he did not accepted that. Secondly, I told him that I'm ready to buy out the notice period because it is mentioned in the offer letter that associates can buy out the NP. And in the company's policies portal there is mentioned 'Associate may be provided an option of buying the notice period solely at the discretion of the company.' So the HR is saying that it is a mutual agreement from your side you have decided but the company should also agree on that. I mean it is unfair, obviously none of the company never accepts the employees terms. So please help me what can I do now. I told them that I did not got any bonuses and I don't want any experience letters as well. I don't want to make the situation worse, because on the internet, I have read that there is no issue in getting absconded (which is the only step that I can take) but in future my next employers will get to know about this via my UAN (PF) account no. And if the current company has updated the status for me on the UAN portal as 'blacklisted/absconded' that it can be a trouble for me as I have to give explanations to all the future employers. Which can also result into losing to the future opportunities. Kindly suggest and help.

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4 Replies

Sankaranarayanan (Advocate) 10 June 2021

Lengthy query ..... ...

G.L.N. Prasad (Retired employee.) 10 June 2021

When the mutual agreement clearly states that the option of buying notice period is at the discretion of the employer, after signing an agreement agreeing to such a clause, now you can not after50 days of experience can not state that the clause is unfair.

It is not fair to join an institution through a recruitment process and then abandon as and when employee likes stating the better opportunity reason, as the recruitment process is a complicated process involving time and money. The present employer may not find a suitable candidate when the employee is involved in a project to be executed within a time frame.

It is your discretion to consider pros and cons before abandoning the present employment, to join another organization for want of monetary benefits. Members can not suggest any way suitable to you.as there is no litigation for the present and further action by the present employer depends on their future decision against the employee.

P. Venu (Advocate) 10 June 2021

Admittedly, you are aware of the all the pros and cons of the situation. All that is suggested is to use your discretion in your best judgment.

T. Kalaiselvan, Advocate (Advocate) 11 June 2021

An Employer cannot compel his/her employee to serve the entire notice period if he or she is ready to do the buyout/compensate the notice period.

Just mention your last working day in the letter. If they don't accept it then send it by speed post. They are bound to accept it.

Make sure you return all company data like laptop, if card as it may become the issue.

Don't worry, companies do scare but can't do anything under the law.

You can leave without serving the notice period only if you take the option of a notice-period buyout. If you leave your employment without giving any notice, then it’s technically a breach of the employment contract and can potentially land you in legal trouble.

Don’t ever attempt such an act of Leaving without serving the Notice Period or Opting for Notice Buyout It will prove to be highly or fatally damaging blow to your career