• Job abandonment

I worked in MNC for 2 months and moved to USA on B1 Visa. I found an employer in USA, who can file H1B for me. So, i decided to trigger exit from my employer, and told i could not serve the notice period. Now, I got an letter from my employer that , my job is abandoned due to absence to work and i have to pay around 3 lakhs otherwise legal action will be taken. 
I have signed a term and conditions with my employer like below clause. 
Pay for your notice in lieu there of on your Annual Gross Compensation. 
Need Help.
Asked 2 years ago in Labour from Chennai, Tamil Nadu
Did you give your reasoning in resignation letter for leaving the employer. Have you received reliving letter etc? What did your employer say regarding you leaving without notice?

Your employer is entitled to get the amount since you have breached the terms and conditions of your service.  However make a representation  to your employer higher authorities  and go for settlement.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. Have you resigned from your services by giving notice or surrendering your salary in lieu thereof or just told your company that you can not give notice?

2. You shall have to comply with your employment terms and can not engineer to trigger exit  from your Company,

3. How much is your monthly salary and what is your notice period?

4. Your employer has shown you absent from work and demanded payment of Rs. 3 Lakhs and you shgall have to pay the same if your salary for the notice period amounts to the same amount,

5. It will be prudent on your part to settle the matter with your company amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
It seems that you really abandoned services without serving notice period as agreed upon. under terms and conditions of your appointment you are liable to pay in lieu of notice period.Better settle amicably for lesser amount instead of going for litigation.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Hello,
1) If your employment terms says that you need to pay in lieu of serving notice and you haven't, you are liable to pay as you have so agreed by signing on the dotted lines.
2) You need to reply to the notice of your employer.
3) Entering you could not serve notice it was important that you resigned formally. The reason for being an absconder at work is a result of abandoning work without proper exit /resignation.
4) If you wish to get a relieving letter and end the possible legal precedes the company may take, you need to communicate with the company and be ready to pay a lesser amount to settle the matter.
5) If you have already landed a job in the US you can buy time or decide to contest the claim of the company provided you have tendered your resignation. In this instance you will need to forego the relieving letter.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0

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