In any situation the best option to quit the job is to 'quit on a good note'. However, in case of adverse conditions, you may send your resignation letter either by email or registered post (Ensure you obtain acknowledgement) with the options either serve the notice period or to pay the notice pay. If you go on medical leave and join other organization without reliving by your current employer, may be treated as breach of contract as defined under Indian Contract Act, 1962 and thus your employer may take you to court for compensation. The best way is to send the resignation by registered AD post wherein you can clearly mention whether you would serve the notice period or pay the notice pay.
Absconded on health issue by giving notice over email
Hello, Friend of mine is about to leave the IT company on basis of health issue mentioning in the resignation email (He is new to the company and just have 20 days in the company) But he didn't want to serve the notice period( have heard the clause that if you have completed 240 days of calendar year in any company .only then they can ask to serve the notice period legally ) . And not even going to mentioned this company experience in his resume . Now questions are :- 1) he didn't even took the single penny from the company yet. Still company will follow up with him ? 2) can company can take any legal action against him ? 3) what can be the worst company can do in this case ? 4) what is safest way to do this ? Without giving any chance to the company to take the legal action ( he cannot server the notice period and not even want to do the payout of notice period . Thanks in advance.
Asked 7 years ago in Business Law
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9 Answers
1. Yes company can come back claiming damages from him.
2. They can issue legal notice and.can.file.a suit.to.claim damages
3. Can file suit for some.amount as damages
4.See he can settle with the emolyer. Orthwise though he may not serve the period but employer always has right to recover damages as there is agreement.
1. The company may send him a notice instructing him to join back failing which the company may terminate his service.
2. If money due from him, then the company may initiate filing money recovery suit.
3. File a civil suit for recovery.
4. Let him tender his resignation citing personal reasons for quitting his job and the communication be sent by registered post.
If your friend leaves the organisation without serving notice period company can declare your friend as absconder
2) further company can sue your friend to recover the salary for the notice period
3) if there is clause in your contract that you can pay salary in lieu of notice period your friend should pay the said salary
As I heard from someone that if you haven't completed 240 days of calendar in a year to no one can ask to serve the notice period or cannot ask for the money recovery ? It's not true ?
Asked 7 years ago
No there is no such provision for notice period. It is strictly contractual if agreement mentions of notice period same is required to be served.
1) No company can't do any action against 20 days worked employee. Only company can declare this employee as absconded and your friend won't get experience certificate as well.
What were terms of your appointment letter .?
2) there must be clause that in event you resign you have to serve one month or 3 months notice period
3) you have to serve the notice period irrespective of number of days you have worked for the organisation
You have to visit the employment offer letter conditions once again for knowing the factual details on the subject matter.
No doubt the company may or may not initiate any legal action for recovery, but you cannot take that for guarantee.
You can remain alert over this issue.
Dear Sir,
Be aware that in rarest of rare cases the MNC companies approach the Civil Courts for recovery of amounts from the employees. They will no issue if one of the employee leaves the Company on health grounds. The employee need not worry about it, he must worry and take appropriate defence when the Company files any money recovery suit against the employee.
