If you have already signed the agreement, then you must adhere to the policy.
If you have some genuine problem, you can talk to HR or your reporting manager.
Otherwise, you will have to serve notice period.
Resignation without notice
Hi team, I joined a company 3 months back, I was on probation for a period of 6 months. However, the work culture and the shifts were taking a toll on me and I started falling sick quite often. Due to my health reasons I had to resign at the earliest. I have mailed and posted my letter of resignation to the Employer with an effective date of resignation and also stated that I want to return the Assets so to guide accordingly. After 3 weeks, the Company had responded saying they cannot accept my resignation without serving a notice period of 3 months and asked me to return the assets at the earliest and once I return the assets, to label me as an absconder. Advise me.
Asked 2 years ago in Labour
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
17 Answers
But I am not in a position to serve the notice period. Isn't there a way out of this? Can the employer force me to serve the notice period?
Asked 2 years ago
You don't have to worry if they send any notice you reply to it through a lawyer. If they have kept any dues pending then. You send them a notice
Okay. I am returning the assets. I don't want their experience letter, its not worth it. I have never experienced such unethical workplace in my life. They fire an employee every now and then. Once I return my assets, is there anything else they can do?
Asked 2 years ago
No then there is no issue. If you still require assistance then you can approach me through kaanoon or LinkedIn.
My future employer doesnt want their experience letter, I have told them that I have worked there only for 3 months. Is there anything else that I need to look into? What are the implications of being labelled as an absconder after returning the assets and no dues from my end pending? Only fact being I am not able to serve the notice period.
Asked 2 years ago
You need to pay for the notice period with your basic salary
You should return the assets
serve the notice period as per terms of employment
generally in probation period notice period is of one month
necessary to peruse your appointment letter to advice further
You can offer to pay salary in lieu of notice period
They can sue you to recover salary in lieu of notice period
If you are declared an absconder it is blot on your career
it affects your future employment prospects
They cannot declare you as an absconder if you had tendered your resignation in writing and the same has been since received by the company.
The notice period during the probation period would be a month only, hence you can give a reply stating that you are ready to compensate your basic salary amount towards one month notice period as per law and ensure that this information is passed to them by registered post in writing and not through email.
You have to return the company's assets held by you, which you may send it across immediately.
You return the company's assets and make your intention very clear that since the working atmosphere is not ethical and congenial you had developed various health issues therefore you have no alternative than to put in the papers and resign the job.
All these would help you to prove as documentary evidences from our side in case the company decides to take it up legally in future.
Since you are not bound by their alleged branding you as an absconder as you have already tendered your resignation, even if the still go ahead with their decision to pronounce as an absconder, it will not hamper your career nor it would be an issue for your future employment elsewhere.
As your present employer is aware of this issue, you need not be worried on that count too becasue they will not resort to background verification also with the company where you hardly worked for three months on;y
If you are not able to serve the required notice period you may express that you are willing to compensate the un-served notice period by paying the basic salary to the period of un-served notice period.
Generally the notice period during probation period would be one month only,
- Probationary periods are often applied to new employees as a means of determining their capabilities in a new job.
- Hence, the employer can terminate during the probation , and employee can also leave the job with the terms and conditions mentioned in the appointment letter for probation.
- Hence, if an employee leave the job during the probation period , then the notice period not applied to work or to pay the same , and the said employer is wrong to mention that you will have to work for 3 months notice period.
- No need to worry , and join other company as per you wish .
I am willing to pay my salary in lieu of notice, however the employer is saying they cannot accept any payment from Employee since they are in SEZ Zone. So If I want to go ahead without serving the notice period, then I have to return the assets but they will tag me as an "Absconder" after that.
Asked 2 years ago
It is in your interest to serve the notice period as being declared an absconder would affect your career
You don't worry about the company's policy.
You may initiate steps to safeguard your interests by taking the suggested steps and secure documentary evidence to establish that you have not violated the law or breached the employment terms and conditions.
The company cannot achieve anything nor can harm you by declaring you as an absconder, hence you may ignore it.
Ok
-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.
- Further , for the probation period no notice period apply , however you should check the offer letter for the same.