• Resignation without notice period

Dear Sir,

I have resigned without serving my notice period which is as per my appointment letter is 3 months. Also nowhere in my appointment letter it says that i have to pay gross salary or basic salary. It Just mentioned the term salary in lieu of notice period. And i am ready to pay my 3 months of basic salary. Please advise if there can be legal issues towards this situation. And also if we have to buy out our notice period then is it the basic salary one has to give or full month salary. Please advise.
Asked 1 year ago in Labour from New Delhi, Delhi
Salary in lieu of notice period, when assigned its normal interpretation, would mean the basic salary. However, this is without prejudice to the right of your employer to seek compensation from you for breach of contract.
Ashish Davessar
Advocate, Jaipur
21688 Answers
591 Consultations

5.0 on 5.0

1) since you have resigned without service of notice period company will not issue you any relieving letter 

2) send email to HR of company and offer to pay 3 months salary in lieu of notice period 

3) wait for company response 

4) i t is always better to resign from company and serve notice period as per the appointment letter 
Ajay Sethi
Advocate, Mumbai
37871 Answers
2122 Consultations

5.0 on 5.0

1) it is necessary to peruse your contract signed with company 

2) company can sue you for damages on account of loss suffered by the company as you did not serve the notice period 

3) inform company that you will serve 3 months notice period 
Ajay Sethi
Advocate, Mumbai
37871 Answers
2122 Consultations

5.0 on 5.0

You are offering your salary but the resignation was tendered in violation of the contract, so the right to claim damages is saved.
Ashish Davessar
Advocate, Jaipur
21688 Answers
591 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer