1. If there is option of notice pay then you have every right to opt for this option and the company can not force you to serve the notice period.

2. SO send them a formal resignation letter through email and post stating your option of paying them in lieu of notice period.

3.it appears that you have already joined in the new company. If that is so then there is no headache to obtain relieving letter and hence you can take decisison keeping your own convenience.

4.DO not worry as not serving the notice period taking option of notice pay is no crime and hence the company can not take any legal action on this account.

1)i presume you have submitted your resignation on 7th November 2017

2) you have to serve 2 months notice period as per appointment letter

3) for the shortfall in notice period company can recover one month gross salary from you

4) pay for the shortfall in notice period

Hi, as you already have initimated the employer , there is no legal action they can take .. If they initiate any legal proceedings , reply then with s legal notice ..

Let them say anything.They can not do so.

Firstly, yes if it there in the agreement to deduct the some amount then can only do that much.

Secondly, they can't even change the agreement as the agreement should be the same which you would have signed at the time of joining.

Thirdly, I advise you to give them a mail that stop turturing you for the legal action.

Fourthly, file a complain to the labour commissioner for getting the relieving and experience letter.

Good Luck ad May Contact for Further Assistance.

This is not clear from the texts whether you have informed you manager with the resignation letter or just a verbal information to him . it seems that you have applied on 27th and that is the reason they have not issued relieving letter to you resignation letter must be in line to the appointment letter and should follow all these requisite obligations . in case your employer is treating your resignation by 27th of the month they will be calculating the shortfall of notice period after 4th of December . please speak to them and find out the actual cause of difference this will be good for you to sort out the differences if any . No one can stop you in the organisation where you don't wish to work.

you have not given any resignation letter

2) your oral resignation has not been accepted

3) company will declare you as absconder and sue you to recover 2 months salary and also claim damages from you

is the company accepting the fact that you informed company of your resignation on 7th November

court considers documentary evidence on record when passing orders

In your mail mention that you had given them one month notice

2) if there is shortfall in notice period you are willing to make payment in lieu of notice period

3) request company to give you experience letter and relieving letter

Hi, as they already accepted that you communicated to them , so there is no violation in your behalf .. Legally, there is no suit that is maintainable which they can file .. Don't worry

If the option of buying-out the notice period, has been explicitly provided under the appointment/letter, they cannot take any action against you.

At best, they will either adjust this against your full and final settlement; or call upon you to pay the shortfall.

If they withhold your relevant certifications, including the experience letter, you may send them a legal notice.

Hello,

I am giving a consolidated answer to all your queries in the following terms:

Write a mail to the company and in the said e mail mention that you had given a one month notice and that for the remaining notice period you will be making the payment as per the clause of the employment agreement and thereupon you may request the company to do the FNF settlement and provide you with all the letters.

Regards

I understand that oral notice was given by you but please understand that the court considers the written document therefore in further email write that you have the resignation letter on 7th and if they do not deny the same, the same will be considered to be an admitted fact.

Regards

The company has rights to initiate legal action against you as per the conditions mentioned in the employment offer letter including declaring you as an absconder.

You should have resigned your job properly as per the rues of the company by giving the resignation letter well in advance and sent by registered post to the HR or the top management.

Your immediate boss cannot protect you or defend your interests.

Even now you can make a request for a proper reliving letter and settlement of dues as per company rules so that you do not carry adverse remarks on your head which may hamper your new employment

Hi, the ex-employer is telling they will take action against me. In this case what should I do. I will also be needing the relieving letter and Experience letter.

You follow the procedures properly at least now by sending a letter under registered post to the top management of the company expressing your apologies and regrets for not adhering to the rules pertaining to the resignation and should indicate that you are ready and willing to pay the company the amount due from you towards settlement an the payment towards un-served notice period

They were looking for the replacement at the end and not when I told I will be putting my papers. Now they are telling company will take some action against me. I dont know legal or termination but I had already informed them about everything and in the end frustration was growing and I stopped going since 7th Dec as my joining date for other company was 7th Dec. What should be done in this case?

You have done mistake by mistake.

No company will accept your verbal resignation

No company will tolerate if you absent yourself without any valid reason or leave the company without information

You have not bothered to send your resignation letter even after leaving the company

You can send a communication to the company narrating the entire details and seek their apologies for your regrettable acts and request for relieving and experience letter.

If you plan to fight it out legally then you have little chance to win

I had given resignation on 27th Nov but the same was told orally to my manager on 7th Nov for relieving date 4th Dec. I have proof that I told my manager on 7th Nov.

The oral information to the manager is not the correct procedure.

Te manger is not the owner or the MD or the management of the company.He need not accept your information even if does he has nothing to say about it except to remain silent after hearing the information brought to his knowledge

They are still stuck with the replacement thing and they had told if I will be absent again, they will take action against me. What should be done ? What I should write to them on mail.

You cannot justify your wrong deeds.

An email communication is also not the final, you should resort to communicate by a letter instead of doing it by email.

You can write a letter by humbly submitting yourself to the mistakes in your side and seek to apolgise you and to send you the relieving and experience a letter accordingly.

Solve the things when they are simple instead of complicating them any further.