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Upendra (A)     20 May 2011

What should I do as I have resigned without notice period

Dear Sir,
I was working with a company in Delhi where I worked for only 03 months, My HOD asked me to go for somework outstation in which I could not go. Instead due to some of my personal problems and other related issues of work culture I had to leave the company immediately from that very day when I had to go outstation and so I dint went back to them but i sent my resignation by my personal mail.I was on probabtion period of 6 months and according to appointment letter 01 month of notice period is to be given other wise i have to pay one month salary.I spkoe to the HR person and asked if they have any formalities I will do it but they dint replied till next one month. Now I have joined another company and my previous Employer is calling my new company and making my working worst. Also when I mailed HR of my previous company for completeing the formalities if any.They dint replied and when I called they said that now I have to answer their lawyer, So can you please suggest what should I do? what kind of legal action will be taken and how should i answer that legal notice?

please reply......



 14 Replies

hema (law officer)     20 May 2011

do not worry.  at the most, only one month salary as notice pay you have to pay, if you lose the case. 

1 Like

adv.Gajanan (law officer)     20 May 2011

Dear sir,

As per my knowledge the rules n laws of company applicable to confirmed employee not the employee who is on probation period.Secondlyy in your aapointment letter the notice period for 1 month mentioned but it for probation or after confirmation?.If you alraedy sent mail to previous HR for completing formalities so no need to worry.But you send your resignation by mail why not give in writing?coz electronic evidence is not having so much value in the eye of law.

1 Like

Om Prakash Dhusia (HR assistant)     20 May 2011

Dear Upendra: Why having unneccesary worries on such issues.First of all aaprise to your present employers about this problem since they would be co-operating with you by all means.

You have not committed any crime by not submitting any notice to previous employer.Simply refer to your terms and conditions in your appointment letter from the previous employer, what it states in case you leave them without submitting notice. At the most the notice period may be one month and payment of one month's salary in lieu of.

If your present employer has no problem with you then carry on.

Face the eventuality like braves if your previous company is bent on spoiling you past because your future is now with the new employer and he is content with you.

God bless you dear.

Regards.

1 Like

Upendra (A)     20 May 2011

Dear All,

My ex-company have replied and this is what he has written "It is kindly informed that since you left the company illegally and company had to suffer face off with the clients due to you, the matter has already been referred to the legal department to take appropriate action. ".Now what legal action can he take against me because he is making a issue that I was given a assingment and I dint went there and gave them resignation by mail.

Om Prakash Dhusia (HR assistant)     20 May 2011

Dear Upendra:Why you are so tense on non-issue?Let that communication about legal action reach you first.Study it thoroughly, consult with some intelligent people or if needed any good lawyer and act accordingly.Simply losing your sleep on assuming something is not going to help you anyway.

Moreover you were on probation of 6 months and during probation no notice is required from either side.Management has the right to terminate you and you also have the same right without notice during probation.

But please go through your letter/offer of appointment and its terms and conditions thoroughly.

Regards.

1 Like

Kumar Doab (FIN)     20 May 2011

Learned experts have given their valuable advice.

In your appointment letter your ex. employer must have mentioned period of notice for termination of employment from both sides and salary (basic/gross/CTC) to be paid in lieu of notice period. You may study your appointment letter yourself or show it to experienced/competent people in your family e.g your father, elders, or your acquaintances, or your lawyer/law firm.

Your company maintained silence on receiving your resignation letter. If at all they wanted to retain you they could have responded and requested you to stay for ....days and help them to complete.......assignment.   They have maintained studied silence. While you followed up they sent you a bitter communication, threatening some legal action. Please note that the legal cell of any company is not any court of law or legal manager/HR manager of any company is not appointed governor by any state who shall enact any law and order any punishment to you. It is the nuisance of some jealous HR/legal employee of the company who has sent you a bitter email and is calling your current employer to disturb you.

You may handover the copy of your resignation by email to your current employer, and that should suffice.

If you fell it as appropriate you may send a communication to the concerned HR/legal cell employee of your ex employer and mention that his/her calls/communications to your current employer coercing them and you to give up your employment are unethical, unprofessional and illegal and you shall be constrained to advice your lawyer/law firm to initiate proper legal action in a lawful manner against him/her and their current and you shall also be constrained to inform all your known people  to stay away from them and their present/future companies and in case they do not tender a written apology at once you shall be constrained to initiate a civil/criminal defamation against them at their cost and consequences. You may mention that you are contemplating to approach media, social and legal forums. Please use gentle language. If you feel you may take the help of your family or lawyer to draft a crisp and gentle letter. You shall see they shall stop.

The industry is full of such people. Be smart and learn to handle them.

1 Like

M. Munikrishnan (Bank Executive (Retired))     20 May 2011

  Do U have any issue with your new employer on the above.  If not do not worry.    Wait for their letter to know what they want.    Reasonable claim of a month's salary  can be paid if it is as per terms of employment.   Alternatively, Sort out the issue with the concerned legal dept

1 Like

V. VASUDEVAN (LEGAL COUNSEL)     21 May 2011

Probationer need not give one month notice and at the best it would be 15 days either side. Your exit could have been honourable either side, as it would be best practice. However, as fellow members have advised, dont bother too much. Any legal notice when received can be dealt with appropriately.

vasudevan

1 Like

anuj (Manager Admin)     22 May 2011

Dear friends

thanx for your reply for the posting,Iam also in to a similar phase but ,I want to know as per statute what is time period by which they should  clear full and final settlement. if not done what is next.

Anuj ,Bbsr


(Guest)

SIR,

KINDLY NOTE THAT

1.YOU MAY REFER TO THE JOB OFFER AND APPOINTMENT LETTER.AND ALSO SERVICE REGULATION OF THE SAID CO.

2.KINDLY REFER IF ANY NOTICE IS MANDATORY BEFORE RESIGNATION.AND ALSO CHECK WHETHER YOU HAVE SIGNED ANY BOND TO PAY ANY AMOUNT IF YOU RESIGN.

3.AS YOU HAVE ALREADY SENT MESSAGE TO THE CO.,KINDLY TAKE A PRINT OUT OF THE SAME AND BE CONFIDENT.

4.IT IS A CIVIL COURT MATTER AND COMPANY HAS TO FILE A CIVIL SUIT FOR RECOVERY OF BOND AMOUNT.YOU CAN DEFEND THE CASE STRONGLY AND COURT WILL PASS JUST AND PROPER ORDER.

5.KINDLY ALSO CHECK CAREFULY ,WHETHER ANY BLANK CHEQUE WAS GIVEN BY YOU TO THE SAID COMPANY FOR SECURITY DEPOSIT. THE COMPANY MAY MISUSE THE SAID CHEQUE AND GET THE SAME DISHONOURED AND MAY FILE A FALSE CASE UNDER SEC.138 OF NEGOTIABLE INSTRUMENTS ACT FOR DISHONOUR OF CHEQUE. YOU MAY DEFEND THE SAME STRONGLY.YOU WILL SUCCEED .GOOD LUCK.

1 Like

Avinash Kumar Sharma (Sr. Manager HR)     23 May 2011

Dear Upendra,

You need not worry about their legal action because no employer can force any employee to serve for them forciably. At the most they can deduct their notice period money from your full & final settlement. Moreover you have sent your resignation letter via mail and it is sufficient proof of your resignation in the eyes of law.

Thanks

Avinash

SURAJ KANTHAMANGALA (HUMAN RESOURCES)     12 June 2011

-dnt worry. a resposible HR would have informed you about your formalities immdtly after rcving your mail.

-resignation of any employee from his emplyment is his wish and there is not any legal implications until it is due to any misconduct 

anuj (Manager Admin)     13 June 2011

Thaks to those who contributed to the question from Mr,Upendra as I am facing a similar situation it was also informative for me.But can any body tell for what is as per law that company have to clear  our dues by the laid down period ,if not what is the next ?

Om Prakash Dhusia (HR assistant)     15 June 2011

Dear Anuj: This is customary especially in India where Govt. machinery is pawn to the enterpreneurs and so lethargic towards common citizens that it is very difficult to awake them and if you approach the correct forum for redressal it requires a courage, patience and decade to sort out a simple problem and one has to live with it becuase reforms do not come without civil war but I am not recommending to wage civil war at all.

Just have continous dialogue with your past employers and try to extract maximum from them otherwise God can only come to your rescue.

It sounds a bit emotional outburst but that is what have been going on and would go on.

Regards


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