• Absconding from IT job

I have joined an IT company 13 days before. I am not liking the role so I have resigned. Now I have to serve 90 days notice period and balecause of that I am loosing other employment oppertunities. If I abscond from my current comany now what would be the implications? Is it a criminal offence? Can they take any legal action against me?
Asked 4 years ago in Labour

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6 Answers

 No criminal liability can arise on breach of  a service agreement. The employer may hold back your relieving letter and experience certificate. An employee resigning job cannot be declared absconding. If you don’t want to serve notice period you can buy back the same by paying salary in lieu of serving notice period. At the most you have  pay certain penalty nothing more than that.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

When an employee is not reporting at work for consecutive days and has not informed his managers or peers about his whereabouts or the reason of his absence, this situation is called as absconding in human resource.

An employee will face a loss of pay or salary. There will not be any experience letter with the employee. Absconder will be left with a bad reputation, as he/she will be put into the blacklist and never be rehired.

Its better talk to the Hr and get the matter settled either by paying the settlement amount or take a proper approval so that we avoid getting blacklisted.

T Kalaiselvan
Advocate, Vellore
90246 Answers
2509 Consultations

it is not criminal offence 

 

company would sue you to recover salary in lieu of notice period for 3 months 

Ajay Sethi
Advocate, Mumbai
100043 Answers
8168 Consultations

It's not a criminal offence but you may not get relieving letter or experience certificate from that company

Prashant Nayak
Advocate, Mumbai
34715 Answers
250 Consultations

Till you have not such responsible person and responsibilities of such revenue generating projects then no need to worry about it.

 

You can resign from current position and keep cc your personal email id for future evidence.

 

No need to worry about it.

 

No do not have any rights to take legal action against you.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Client,

If the job contract says that you have to compensate for not serving the notice period then legally you are liable to pay. However enforcing this clause is not easy and it is very time taking.

Hope this clarifies your query and requirement.

Thank you.

Anik Miu
Advocate, Bangalore
11084 Answers
125 Consultations

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