• Abscond from work

Hi, 
I joined a company in recently but after 15 days i got a better offer from another company and i accepted this offer. But in my current organisation i need to serve notice period of 60 days but don't want show experience of 15 days and gave my current employers simply a resignation letter and get abscond from work. But now my employer ask me to return to work or pay amount in lieu of short notice otherwise they will take necessary nondisciplinary action against me.
So i just want to know is they really take some legal action me to recover termination amount. Although i never been aligned with any project nor they provide me any training during my 15 days tenure. I don't thinks they incurred any substantial loss in business due to my action as its been only a 15 days tenure. I don't want anything from their end. So will they sue me for that.
Asked 4 years ago in Labour

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12 Answers

Whether or not they can take a legal action against you, depends upon the termination clause contained in your employment agreement.

In case it was mandatory for you to serve a notice period of 60 days, they can definitely take an action against you.

Having said that, if no training was imparted to you and thus, the co. did not incurred any expenditure on you; and you can prove this, they cannot coerce you to compensate them in lieu of not serving the notice period.

Hence, do not worry. At any time they take an actin against you, you will have a legal recourse against it.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) What were terms of your appointment letter ?

2) if you were required to serve 60 days notice period and you failed to do so company would sue you to recover salary in lieu of notice period

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

It depends on your terms of employment and service rules. It can't be apprehended that they will sue you or not. But generally in India they don't

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

If at time of joining you have signed any contract for service then you have to serve the notice period or pay amount for that period if not they cannot do any thing

But in case of contract they can claim damages.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

It is not clear whether there is any job contract with you or not and if yes whether there is any penal clause in the event of non serving the mandatory 60 days notice period.

if such specific clause is there then the employer can file suit for damages to recover a a quantified sum of money.

However the companies in such conditions hardly files any case.

If there is no such penal clause in the job contract then there is nothing to worry and you can consider their warning as an empty threat.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

The contract of service is like any other contract. Service of notice was an obligation equally binding on both parties. Had your employer terminated your services without notice, you were eligible for compensation for notice period. In the facts, your employer can recover amount equal to your two months salaries. He might not do it because legal process is cumbersome and a business establish would not go for a small amount.

H. S. Thukral
Advocate, New Delhi
620 Answers
204 Consultations

5.0 on 5.0

Dear Sir,

Normally, the employer may not go to the Court and end up the matter by issuing remainders and legal notice. If he approaches a Civil Court for recovery of bound amount if any or 60 days salary then you may take alternative defenses before the Court and avoid such payment. Be assured nothing will happen.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello,

In 95% of cases the company do not initiate litigation against there employee.

These are just false threats.

As and when you receive some legal notice or written communication from them then immediately contact a lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi,

Instead of going in defensive mode, you are suggested to accuse the employer of partial treatment and ill-treatment etc and escape the liability of the payment.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. There is a procedure to resign which has been mentioned in either your appointment letter or the service conduct rule of the Company which you are expected to go though after joining them.

2. If you have agreed to the terms of condition of your employment accepting the clause of 60 days notice period, then you shall have to give 60 days notice of pay salary in lieu thereof.

3. It will be prudent on your part to send the Company 45 days salary in lieu of the balance notice period to avoid any future problem.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

The question is not about the actual loss the company suffered due to your this sudden decision, but it is something beyond that , i.e., you have breached the conditions of employment.

You may go through the conditions of the employment offer letter by which you were supposed to give notice or pay for the balance of notice period.

Thus the company may rightfully initiate recovery action for the balance of notice period in terms of money recovery.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

If you have accepted the terms and condition of the agreement and you have signed it and thereafter if you have joined the office as per the position given to you in offer letter then you are bound by their terms

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

4.6 on 5.0

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