Absconding from work within probation period

Hello 👋,

I recently joined an IT company. I am in second month of 4 months probation period.

I was initially hired for one project and I am working on it. Suddenly they assigned the second project to me as well.
I was unable to manage both projects at the same time and I became very anxious. It is impacting my work.
I was not able to work properly and I reported the same to management.

However, I am not getting any resolution from the management and I was only getting brainwashed to do both projects at the same time.

I feel like I was being cornered and feel suffocated.

I feel like absconding from the company but I am concerned about my career and future opportunities.

I went through terms and conditions of the appointment letter, please find the details below terms and conditions:
a. You will retire from the services of the company when you attain the age of 58 years.
b. When you formally resign from the services of the Company, you shall provide and serve 90 days
of notice period and if there is any breach of the same, company shall reserve the rights to withhold
service documents and any compensation due to you.
c. The company reserves the rights to terminate your services without notice in the case of
misdemeanor, unsatisfactory performance or any other disciplinary matter. The company further
reserves the right to invoke other legal remedies as it deems fit to protect its legitimate interests.

I would like to know is there any legal implications I need to face if I obscond??

I really appreciate the help

Thanks,
Praveen

Asked 3 months ago in Labour

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5 Answers

Dear Client,

There could be legal repercussions if you quit your job without giving the proper notice period, communicating with your employer, or reaching an agreement. For example, you would be in violation of your employment contract if you resign without following its conditions. To safeguard its legal interests, your employer has the right to take legal action. To recoup any losses incurred as a result of your abrupt departure, this may entail suing you. Your possible liability for any losses incurred by your employer due to your absence may depend on the particulars of your leave and the provisions of your employment contract. You can reach out to our firm for the same.

Anik Miu

Advocate, Bangalore

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If you are absconding from the company without properly resigning your job you will be declared as absconded and the company may take proper legal action to recover the amount due to company besides giving adverse report in the event of background verification by new employer.

In that case your future career also would be affected

T Kalaiselvan

Advocate, Vellore

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If you abscond you would be declared an absconder by company

2) company would sue you to recover salary for 3 months notice period

Ajay Sethi

Advocate, Mumbai

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- 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 leaves the job during the probation period, then it not harm his career, and generally many company stipulates in contract, that during probation period either party can terminate the job with or without any notices.

- The notice period is applied in case of completing the probation period

- Since, you have leave the company before 4 months , then no notice period applied in your case.