Employee should pay one month salary as he absconded and did not serve notice period of one month
Employer threat for absconding company due to severe work pressure
Company send a letter threatening to take legal action and asked a sum of 1 month salary to be paid by employee. Employee absconded due to severe working conditions and stress and after a week of absconding received letter of threat to take legal actions and to pay sum of around 1 month pay since notice period not served. what should employee do? ( Employee still under severe stress and under medical supervision)?
Asked 4 years ago in Labour
14 Answers
The employee should have properly put down his papers, he may be suffering from stress or anything but being an employee of the organisation and since he has accepted the employment conditions as mentioned in the employment offer letter, he should have complied with the conditions imposed therein in this connection.
How long was he employed?
What prevented him from tendering his resignation letter?
What remedy is he looking for when he has defaulted in this count?
The employer may be right in his notice demanding the compensation to the extent of one month salary, if there are any dues to be received from the company the employee may write back to the company to adjust the same towards their demand and request to waive the balance amount on humanitarian grounds.
See employee as per agreement was required to serve one month notice in case he fails though company can recover damages if on notice you fail they can file suit also for recovery of amount.
Though employee can contest the suit that condition were harsh, and there was pressure.
Thank you for your answer. After going through the contract of employment - offer letter (between me and company )there is no mention of any sum to be paid to employer if employee abandoned employment. Please let me know what sort of legal actions company can take. Employee did not sign any bond, nor hold any assets / documents etc.. Kindly let usknow if we should seek any further legal / expert's help or just abide by the letter given to us by company and pay the 1 month amount asap. Thank you again!!!
Asked 4 years ago
See may reply to there letter stating that you were harrased and pressurised to leave , due harassment you have suffered medical issues and you shall file against company for recovery of damages and you are not liable to pay any amount.
In case company go for suit you have to contest same.
If you don’t serve notice period company can sue you to recover one month salary
pay one month salary
If he is absent due to medical condition the action of employer will not be maintainable. He can challenge the wrongful termination before labour court
Don't worry company can't take any action against you, just they're threatening you.
In medical ground they can't stop you for leaving the company.
If there was no such condition for resignation then you in your reply may refuse to pay any amount mentioning the same and also tender your resignation in the same reply notice.
You may consult an advocate in the local and issue a proper reply notice.
Company can sue you for breach of contract
However if your concern is genuine that you can always defend such legal action citing unfavorable and stressful working conditions making it very difficult to continue in the company
However such a stance would need support from other employees of the company who face the same stress like you do
If the other employees also speak up then company would lose its ground
There is no need to pay any 1 month salary for leaving the employment without notice if such a stipulation is not there in your engagement contract
However the company can seek that amount from you as damages
Nothing will happen, on the contrary, reply to notice for demand of compensation for harassment and mental torture faced at work place.
If you wants to get separate from company then you should followed the company's procedures because this kind of absconding shows your unprofessionalism towards your employment.
Just think friend, if you gets an opportunity to work one of the best company's in India and they conducts your background verification and they comes to know that, candidate absconded in his previous employment, its effect your career's best opportunities. Definitely Employee should pay one month salary as he absconded and did not serve notice period .
My suggestion under these circumstances to you, therefore, would be settling the issue with your employer amicably now.
Either employee should join the company again and give a notice of one month for resignation.
Or he have to pay 1 month salary to employer for not serving the notice period.
This is my response to you:
1. They can send you a legal notice;
2. Whatever are your dues to be paid to employer will depend on the offer letter, or acceptance letter sent by you;
3. There is less chances of the employer pursuing you;
4. Infact you can stake your claim on the pending dues payable to you by the employer;
5. You must consult a local lawyer, discuss full facts and then take steps.
