You cannot be forced to work against your wish but as per appointment term you are liable to pay amount in lieu of notice period. Don't pay now ,mere issuing notice has no complications.
Quitting without Notice period
Hello, I recently quit an organization without serving notice period. I was a confirmed employee with my employment been governed by below clause. Now I am getting a notice of 80K from company. Please suggest way forward.. "Post completion of probation, if applicable, your employment shall be terminable by either of us i.e. by the Company or by yourself, by giving the other Two months’ prior written notice or salary in lieu thereof. However, Management reserves the right to terminate your employment at its discretion without any notice, if you breach any of the provisions of this Letter, Guidelines/Code of Conduct and Policies or if you indulge in any illegal /unlawful activities.
Asked 7 years ago in Labour
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9 Answers
Dear Sir,
If you do leave without notice, your new employer could also risk claims that it induced breach of contract. First, check your current contract so you are clear about the notice you should give and any related terms. For example, you might be bound by restrictive covenants for a period after your employment ends.
serving of notice is mandatory in corporate environment. its done basically to severe the relation of an employer and employee and you put on notice the employer or employee as the case may be for their arrangement and not taking by surprise.
if you havnt served mandatory notice period you may be held liable for damages... as you left the job without any intimation or in case any agreement for basci salary pay..
You were required to serve the notice period of 2 months
2) if you failed to serve notice period company can recover 2 months salary from you
See the company has served you notice and it can further file a suit to recover the damages of the amount you can contest the amount based on the fact that there are no actual samaved to the company.
If it is a breach of terms of appointment then company can file a case against you. Generally Indian companies don't do the same
Buy back the notice period.
It was your fault to leave the organisation without giving the statutory notice period.
If the situation warrants or you want to close this issue amicably, you may better incline to pay the notice period or await their legal action and face them in the court of law.
- As per the information mentioned in the present query, makes it clear that as per the clauses of the employment agreement, you should have given the two months notice.
- Now, you will have to understand the calculation of the amount which they have been claiming, is the total of two months salary or much more than that.
- If it is more than you should contest the same otherwise would advice you to think over mediation between you and employer, and that is also if they get agree for the same or not as both the parties should be ready to go for the mediation.