• Can the company recover notice period pay while absconding the job

I had joined an IT company in June and had to leave in 22 days approx due to 2 reasons. 1) My medical condition was bad and 2) The work which was promised was somewhat different of what they had promised earlier. I informed them I was absconding the job and was not able to continue and also couriered the Laptop. They sent the salary for that month. Now they are asking me to pay notice period recovery of 4 lakhs whereas they have only given a total salary of 1.79 lakhs till date. I told them I can send the salary which they gave but cannot give more that 1.79 lkhs as they have not given me that amount. Now they are threatening for legal action. Can you please let me know if they can file a civil case against me and if yes will it be valid? Or I can just ignore them?
Asked 11 days ago in Labour

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13 Answers

- 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, 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 , as you have worked only 22 days then such period come under the probation period , and no notice period provision applied with you.

-  The said company cannot take any legal action against you and you are not bound to pay the notice period amount.

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

Dear Client, 

As per the terms of the contract between you and the IT company, the validity of the recovery of 4 lakhs for the notice period stands. If the contract explicitly mentions you to work for a certain amount of time and issue a resignation letter with a notice period then it shows you have agreed to the terms of the contract. Therefore, the company can file a case against you and it stands valid. However, if you're medical condition was serious that you could not continue the work then this can act as a reasonable ground to avoid paying the notice period recovery in the court of law. Ignoring is not the right option because the company can still file a case against you and it may run ex parte. 

Thank you. 

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

What is notice period mentioned in your appointment letter 

 

if you have failed to serve notice period company can recover salary in lieu of notice period 

 

they can sue you to recover said amount 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

 

Kindly furnish terms of appointment letter regarding notice period 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

They don't have a case. There was deception on their part too and that is why you left the job.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

You shouldn't pay anything at all. They have no right to demand anything as they paid what was due and hence they cannot go back and again demand money when initially they closed the case.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

They can't force you to retain in the job on medical grounds.

 

Nor company can abscond you if you have given proper resignation letter they could have released you according to medical law on your healthy conditions.

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

Just ignore all such threats. Check whether any notice period clause is there in appointment letter. That also should not exceeds three months as per normal norms.

if any you are only liable to pay that much amount.

Kallol Majumdar
Advocate, Kolkata
2800 Answers
7 Consultations

5.0 on 5.0

Yes company can ask basic salary in lieu of notice period from employee if not served by him

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

If you have accepted the employment conditions mentioned in the offer letter and signed the offer letter as acceptance of your employment, then you re bound by the conditions mentioned therein. By this you may have to serve the notice period specified in the employment offer letter.

Therefore if you are required to serve the notice period, you either should have served the notice period or should have made payment towards compensation for the notice period not served. 

If they file a civil case for recovery, you can challenge the same on merits or the documentary evidences you rely upon.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

It is not known that on what basis they have paid you this salary amount and on which proportion do they demand the compensation amount.

You have been served with the notice about this, whereas you are silent about the contents of the notice which would enable us to give a proper opinion to your query, therefore you may revert with the contents of the notice they have sent you demanding the said amount of r\s. 4 lakhs. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

- No notice period is applied in your case as I given above reply.

- Check properly regarding the payment of notice period in the offer letter . 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

Dear Client, 

No, they can not recover the money of Rs. 4 lakhs legally so they can not force you to pay it.

Thank you. 

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

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