Legal consequences for if I leave my job from a private university without serving a notice period
1. I joined one private university (which belongs to a very renowned business group) on 15-06-2015 just before 1 and 1/2 month before my final PhD defense. On 30-07-2015, I was awarded PhD and I submitted the copy of same to the HR. But despite of giving immediate raise for PhD in Aug 2015, this raise was given to me in Jul 2016 i.e. after 11 months.
2. At the time of joining, I signed an appointment letter (which was typed on University letter head not on any stamp paper) which had some T&C according to which employee and employer both has to give 3 month prior notice if I want to leave or employer want to fire me or 3 month salary (Basic+DA) if same happens on urgent basis without prior notice. One more point was there in T&C that I can not leave the organization in mid of the term.
3. When I got confirmed on my post after completion of one year probation period (on 15th June 2016), I was given 5 increments for PhD (late by 11 months) and one regular increment applicable from 1st Jul 2016. In all I was not satisfied with my salary and was waiting for good offer from other place. In last week of Dec 2016, I got an interview call from Karimnagar. I came to KNR on 30-12-2016 and got an good offer what I wanted to get. But the issue was I have to join within 15 days so I could not serve 3 month notice period in University where I was working. I just e-mailed my resignation letter to Director, Registrar and Vice Chancellor on 04-01-2017. In resignation letter, I requested to them for relieving me on urgent basis and I agreed to pay one month salary (Basic+DA) and laptop dues. I met to Director, VC to consider my case but they talked to me very rudely and forced me to complete the semester (till May 2017) which was just started. But I didn't want to leave new offer so I joined in KNR on 12-01-2017. Also I had already taken new employer in confidence about my previous issue, he assured me to handle my case.
4. After joining the job in KNR, previous University sent me notices through e-mails and post for come back to job and then notices through e-mails and post for paying 3 month salary (Basic+DA) in lieu of not serving notice period and extra 2 month salary (till completion of the semester) for not completing the semester. In all they demanded Rs. 3,22,982/- (including laptop dues) They warned to take legal action against me if I don't pay this amount. I can not pay this much amount. Last e-mail I received on 11-04-2017.
Q. What are the possible alternatives to handle this problem?
Q. Should I take an initiative to do a settlement?
Q. What consequences I might have to face if they take a legal action?
Q. Does T&C printed on University letter head have any relevance in court and what chances I have to win this case if it goes to court? After 1 year, can they still file a case in court? No time limit?
Asked 4 years ago in Labour
1. Is my case not come n the category of bonded labour? I mean if we see T&C mentioned in appointment letter like we have to serve 3 month prior notice and that notice period should not end in mid of the semester. How an employee would know that he might leave job after 3 months? Usually appointments for faculty positions conducted in Dec-Jan or May-June and within one month candidate has join the job. If a faculty serve 3 month notice it will definitely end in mid of the semester so it is feasible for a faculty to serve 3 month notice which should end exactly at the end of the semester.
2. Mostly private companies impose 1 month notice rule on their employees and also only 1 month Basic (not Basic+DA) has to paid by employee in case of urgent relieving. While this University is imposing 3 month notice and salary rule (Basic+DA) to me.
3. As I mentioned in previous submitted question that I resigned from previous University on 04-01-2017 (without serving 3 month notice period as per University norms) and was ready to leave 1 month salary at that time. Then I joined in new college in KNR on 12-01-2017. After this during Jan-Apr 2017, I received 3 emails in which first they forced to me to continue the job and then when I not replied, they sent me notice to pay 5 month salary (Basic+DA) and laptop dues. I did not sent any reply to them. After April 2017 they have not sent me any notice.
Q. Almost 1 yr has been completed and I think they have not filed any case against me. Can they still file a case against me in court? Is there any time limit for them to file case or not?
Q. Should I file a case against them for mental harassment in future as they were forcing me to continue job there and also that time my wife was in 8th month of pregnancy?. I was getting more than 50% hike in net salary in next job so I decided to leave this job. Also that time I was having 3 lacs personal loan which I taken from my elder brother, so this was also one of the reason to leave job since I could complete it faster with new job.
Q. In such type of cases what are chances in favour of employee?
Q Should I wait for their action I mean till the time when they will file a case against me? Or I should take initiative to settle down this before filing the case?
Asked 4 years ago