• What are the conseqeunces

I have been working for a company from Feb till July and I was very frustrated and wanted to quit the company in June mid I went to the portal where another colleague was able to see the resign button but it was not available for me. After 15 days I was more frustrated and I absconded. I haven't picked up there calls since then and I have received mail on my personal mail stating report within 7 days or you will face actions. what consequences I might go through.
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Your employment will be contingent upon the successful completion of a ninety (90) day initial probationary period, which
period shall commence from the date of your joining the Company. Notwithstanding anything stated in section 6.1 herein, during
the probationary period your employment can be terminated by either you or company giving to the other thirty (30) days of notice in
writing. If your performance is satisfactory to the Company during this probationary period, then notice of termination by either
party shall be extended after the probationary period to the period of time specified in Section 6.1. The Company may also
choose to extend such probationary period, in accordance with law. 
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 Your employment will also be governed by statutory laws enacted by the government or local authorities as may be applicable
from time to time. You shall comply with all applicable laws, regulations, and governmental orders of India, now or hereafter in
effect, relating to your employment by the Company, including but not limited to the provisions of the Prevention of Corruption
Act, 1988 of India, the Foreign Corrupt Practices Act, 1977 of the United States of America and the Bribery Act 2010 of the
United Kingdom. Without limiting the generality of the foregoing, you represent and covenant that you have not, and shall not, at
any time, during your employment with the Company, pay, give, or offer or promise to pay or give, any money or any other thing
of value, directly or indirectly, to, or for the benefit of: (i) any public servant, government official, political party or candidate for
political office; or (ii) any other person, firm, corporation or other entity, with knowledge that some, or all of that money, or other
thing of value will be paid, given, offered or promised to a public servant, government official, political party or candidate for
political office, for the purpose of obtaining or retaining any business, or to obtain any other unfair advantage, in connection with
the Company's business.
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 Except as provided in Section 1, your employment may be terminated at any time by either you or org giving to the other
ninety (90) days of notice in writing. The Company may in its sole discretion decide to pay you in lieu of notice.
6.2 Notwithstanding the provisions of Section 6.1 or anything else to the contrary, the Company may terminate your employment
with immediate effect without notice or payment in lieu of notice, for any of the following reasons as d
Asked 13 days ago in Labour

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12 Answers

Don't worry.  Nothing will happen to you. 

If any product of the company like laptop, papers or other gadgets are with you immediately return these with a written receipt or proof  

Then send them a formal email stating your resignation from the company with immediate effect. 

On the basis of this agreement nothing will happen to you. 

So rest assured on this account. 

Next time join in such company where you need not quit it out of frustration. 

Devajyoti Barman
Advocate, Kolkata
20790 Answers
296 Consultations

5.0 on 5.0

You will not get relieving letter. May be Full and final settlement may not be given. If they feel like they may file suit if they have trained you and spend on you and any bond or penal clause is there

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

- 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, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.

- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.

- Hence, if you dont want to serve the notice period , the pay the notice period as mentioned in the offer letter or appointment letter. 

Mohammed Shahzad
Advocate, Delhi
4180 Answers
43 Consultations

5.0 on 5.0

If you are in probation period you can terminate your employment by giving 30 day’s notice period 

 

2) f you are confirmed employee then you have to give 90 days notice 

Ajay Sethi
Advocate, Mumbai
76982 Answers
4621 Consultations

5.0 on 5.0

You can offer to pay salary in lieu of notice period 

 

2) it is at discretion of company to accept salary in lieu  of notice period 

Ajay Sethi
Advocate, Mumbai
76982 Answers
4621 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
76982 Answers
4621 Consultations

5.0 on 5.0

If you are not involved in any act of crime or against the interest of the Company. 

No case No problem. 

Serve them legal notice for discontinuation of your services with them stating reason specifically caused you discomfort and annoying situations in the premises and with the people .

Ask them to settle your accounts as per rules and terms of appointment letter. 

Ramesh Pandey
Advocate, Mumbai
1303 Answers
5 Consultations

5.0 on 5.0

Hello ,

You will be terminated as per section 6.1 e of the agreement as mentioned herein above. I would like to suggest you to handover all their belongings through courier or to someone physically against the acknowledgement receipt for the same.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2251 Answers
4 Consultations

4.7 on 5.0

Leaving the company without intimating them about the the intention to resign the job or tendering a letter of resignation amounts to absconding.

Since you have received notice, you may issue a reply notice either by yourself or through your lawyer with the reasons you may rely upon for leaving the company without informing them.

If you do not give any reply then you will be subjected to legal action as per company rules.

 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

What is the purpose of furnishing the company clauses that were given to you long with the employment offer letter.

You have committed an offence  by absconding while you left the company without intimating them.

Now since you have received a legal notice you may have to issue a reply notice otherwise it will be construed that you have accepted their allegations leveled by them against you.

 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

You have unnecessarily furnished the company rules that were supplied to you along with the employment offer letter.

Even now you don't appear to be serious about the blunder you have done by leaving the company without informing them, or tendering  formal resignation letter.

You will be termed as an absconder.

If you do not take any rectification action now then you will be liable for the legal consequences for the action taken by the company in this regard.

 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

None of clause impose any legal consequences on you.

Dont bother and submit resignation via email. Even if you not submit resignation, no legal action agaisnt you.

Yogendra Singh Rajawat
Advocate, Jaipur
20144 Answers
28 Consultations

4.5 on 5.0

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