See they can file a suit to recover the cost I.e. the amount for notice period against you.
Absconding without serving notice period
Hi, Recently I have joined an organisation but the work in the organisation is not satisfactory, And during the process of joining I have signed a bond which say to serve 2 months of notice period or in lieu the amount needs to paid. But I would like to know, If I abscond from the current organisation without serving notice period, In indian court of law do I need to penalty charges to these companies. I not even expecting experience letters from them. Could you please suggest.
Asked 6 years ago in Labour
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14 Answers
You would have to pay salary of 2 months in lieu of notice period
2) if you fail to do so company would sue you to recover salary in lieu of notice period
It depends if they file a suit against you and recover the same from you
Well, as per the terms of the agreement you are liable to make the payments of 2 months of salary if you do not serve the notice period .
However if the employee quits the job without serving notice period then very rarely the employer pursues the matter to court to enforce the stipulations.
- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Except, recovery of the said amount, company cannot harm you for the same
- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
- Hence, just send an information to the organisation for resignation.
Good luck and dont forget to rating Positively.
No, the company can't go in the court for absconding employees if full training is not provided and payment as well.
Kindly provide you joining and leaving date of the company.
Plus if you're not expecting experience certificate than don't worry.
Legal action against absconding employee who resigns and fails to provide with the minimum period of notice, there are several actions that need to be taken,and there is also usually a frustration or emotional fallout at the sudden departure. The employer may send out a legal notice for violation of employment terms and also claim compensation for any loss that employer may have suffered due to unfinished work
The other actions against absconding employee include avoiding issuing exit related documentation like relieving letter, full & final settlement statement, service or experience certificate, and mark that employee as an absconder.
Hello,
Don't worry proceed with the new company.
Regards
1. If you abscond then employer can file a suit for damages against you on account of breach of contract.
2. Career prospects are also jeopardised once the employer blacklists you as an absconder.
it is advisable that you do not leave the company without proper permission and serving the full notice period. If you leave without proper resignation, the company might file a case against you and ask you to pay compensation.
Dear Sir/Madam
Normally the HR will send a Notice to reimburse such amount but they never approach courts to recover such meager amount but if your future employer seeks feed back then you will be shown as absconding but the present employer.
Organization can file suit in court to direct you to honor bond amount. Give the resignation and take medical leave. even if not sanctioned, stay on leave.
If it is a government organisation they can blacklist you. If it is a private one then too they can sue you for breach of contract.
1. If you abscond from job without serving any resignation letter then you may have to pay the salary for not serving notice period that is of two months.
2. And company can put you in blacklist if you left the job without informing.
