• Absconding without serving notice period

I joined a start-up 2 months back. After getting my last month's salary I left as it was very difficult for me to continue there even for 1 day. As soon as I sent a resignation to them they replied saying that I have dishonored the contract and they will take legal actions against me. I was under probation and my notice period was 15 days. Also in employment contract they mentioned if leaving without notice period they will take legal actions but what legal actions they will take it was not mentioned.

So what could be consequences of legal action in my case and what would.be your suggestion to me.
Asked 8 years ago in Labour

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14 Answers

They may force you to surrender 15 days salary in lieu of notice period. The cost of recovring 15 days salary could be much more. so Just chill and be happy.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hi

There can be nothing serious against you, if you have break the employment contract then even they could charge for salary of 15days (notice period) .

But don't pay at first stage.

Deny the allegations against you if they initiate any legal action against you.

Pay only if court orders.

Don't worry.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You will need to share the contract with this forum members to be able to tell you what action the management could take against you in this case.

Commonly the management would recover a fixed amount of money to be paid by the employee if he were to leave the company within the probation period, otherwise the relieving letter and F & F will not be issued until such time. So take a copy of your contract meet an advocate in person and understand your pros and cons.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

It will be the salary which will be recovered if you absconded and the contract has to explicitly state the terms.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Hello,

Legal action includes a suit for breach of contract. that is a civil case and you can fight it if the same is filed.

From my experience I can tell that 10% companies file suit against the employee, that too when there is some loss out of such exit of the employee.

Also if you have not served the notice period you may ask them to take the salary for the said number of days and close the matter.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The only legal action they can take against you is to ask you to compensate them in lieu of the breach of the notice period of 15 days.

As long as your are willing to pay your half month's salary to them, there should be no difficulty in tackling the present matter.

There's no need to take stress in this matter.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You must serve the notice period of 15 days

2) if you have absconded you would be declared an absconder

3) further company can sue you to recover salary for period of 15 days on account of failure to serve notice period

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

There should be notice period pay for violation of contract ask them much you have to pay to company for not serving 15 days. And pay same .... That's it for which you will get relieve letter also from company

Sunil Akkatangerhal
Advocate, Belgaum
14 Answers

hi., they can only initiate civil proceedings , for breach of contract.. kindly share the offer letter for better guidance over the topic

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Normally they claim damages from you by filing suit in civil court. But generally in employment contract they don't file such suit even if employee breaches the same so relax till you don't get any notice or summons of Court. In majority cases companies don't take action against employees.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. The contract ranks sacrosanct and inviolate. Since you have violated the contract by not serving the notice period the employer can file a suit for damages against you in the civil court.

2. The suggestion would be to go back to the company and serve the notice period.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Friend,

Nothing will happen. No employee rush to the Court to take legal action against his employee. At the most he may issue a notice or legal notice. Even if he go to court for breach of contract no relief will be given to employer since you are a probationer. Do not respond to if any notice issued by the employer or his advocate. Let him go to the Court if he wish.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

If you hold the company's assets in your possession, you may return them under acknowledgment.

You may express that on the conditions of probation, you are reedy and willing to pay for the 15 days notice period as per the employment offer conditions.

After this also if the company is insisting on legal action, ask them to proceed because you have evidence for having sent your resignation and also your offer to pay the notice period, they cannot do anything.

They are just threatening you.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hi, the legal consequences may be related to that agreement itself.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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