• I had resigned from an it company without completing notice perio

I had resigned from an it company and had served for more than a month and have created a backup and asked me to release earlier (we have notice period of 3 months) I have sent a mail clearly mentioning that I won't be able to serve my notice period as I was not feeling well after 15 days I have joined a government sector as a fresher. After a month I got salary credited in my account from my it company and when I called them they told me that they hadn't accepted my early release and had applied leave on my behalf from my available leaves. So it has happened that at a time I had been in two jobs one government sector and other it sector. Please suggest what should I do.
Asked 7 years ago in Labour

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6 Answers

1) offer to pay the company for shortfall in notice period

2) it is at discretion of company to accept the shortall in notice period by payment of salary in lieu of notice period

3) if company has refused to accept shortfall in notice period it may declare you as absconder

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Since you had resigned from the job then do not accept their proposal of leave.

2.Agains end them an e-mail and inform that you was never in leave and you had resigned from the job.

3/ Along with it return the salary in DD/Cheque.mention this fact in e-mail also.

4.Do not disclose your present job to them.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

No need to worry, you informed to them regarding your resignation and did not join their office now they can not do any thing against you except to claim notice period amount only

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

employee has right to resign but he must serve the notice period stipulated in the contract

2) you had jopined the govt job after resigning from the company

3) the company did not inform you about non acceptance of your resignation during the one month notice period

4) it should not affect your govt job

5) dont take any legal steps against the company .

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Since you have communicated your decision to resign the job and have stopped working for the company, you can deem yourself to have been relieved from the company even though they have adjusted the notice period with leave and have sent you the salary payment.

As far as you are concerned, you have resigned the job, secure the evidences for this and work freely in the new organisation.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

The company hadn't declared me absconding he has just used me leaves and release me one month later. I just want to ask if the employer has right why not the employee has to leave the company.

It depends on the conditions mentioned in the employment offer letter, if there are no such clauses then you may protest or object to this adjustment of leave.

What are the legal steps I can take. I don't care whether they declare me absconding as I hadn't used it company experience and in future not planning to use that

If you are not worried about the decision by the company to declare you as an absconder, you may not worry about the developments also because the company would initiate such processes to safeguard themselves from any possible legal complication from your side in future in this regard.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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