• Legal Action If Notice Period Not Served

In my offer letter I have to serve 45 days of notice period .  But my employer force me to serve 2 month . That's why I resigned and leave company without serving notice .  I took 20 k loan from my boss( No legal documentation was signed against this ) . But I did't get my last month salary (22 K) . That's why I didn't give that money to my boss . I asked for the adjustment with my last month salary but he is not willing to do this .  He is now want to take legal action against me . What he can do? What should I do ? and are the charges they can put on me ?
Asked 24 days ago in Labour from Kolkata, West Bengal
1) you are required to serve 45 days notice as per your appointment letter 

2)if you fail to serve notice period of 45 days you have to pay notice period salary . Company will not issue you relieving letter and experience certificate 

3) company can sue you to  recover salary for 45 days and declare you as absconder 

4) as far as loan from employer is concerned the employer does not have any evidence of having advanced the loan 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
No need to worry, 
There is two option, initiate proceedings against him or wait and watch.

Intitiate legal proceedings against him and file a complaint before labour commissioner of area.

He can not take any action against you, if he issue any notice for recovery of money for notice period then he has to pay all your dues too so he will not take any legal action against you.
Feel free to Call
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Yes, can be but very difficult to prove it.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1) emails and chat messages are admissible in evidence 

2) you should repay your employer loan 

3) send an email to that effect . Transfer funds to employer account by NEFT 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Do send the manager a notice stating all these facts.
I do not think he is likely to take any legal action for this as the cost would be much more than 20K.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
1. You should have given 45 days notice before leaving.

2. Have you submitted your resignation or just left your company without giving any written information?

3. Your employer may declare you absconding now. 

4. Your personal loan is different from your eligibility to get salary for which you should claim your full salary now.

5. he can file a police complaint alleging that you are absconding without any information and also refuse to give you any release letter.

Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Whatsapp messages and emails are considered as digital evidences if exchanged from the specific email IDs and telephone nos. of both of you.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Your boss cannot take any legal action to recover the money from you but he may try to harass you giving false complaints with the police.
If you have evidence for non-payment of salary then you may issue a legal notice to him demanding your salary.
Not serving the notice period is a fault on your side so he may recover your salary towards that.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Is whats app msg and mail is counted as a evidence of having advanced the loan??

Accepting to have received the loan amount through email is a strong evidence for having availed the loan. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
1. You are not bound to serve beyond the period laid down in the contract. Feel free to leave after 45 days. 

2. However, if you do not serve the notice period prescribed in the contract then the employer can sue you for damages on account of breach of contract and also to relieve you through full and final settlement. 

3. If you set off the salary against the loan amount which had to be repaid by you to your employer then you ought to have done so through a legal notice. 

4. It is always better to part ways on an amicable note lest the employer would withhold the relieving/experience letter. 

5. No criminal charges can be brought against you. You can be sued only through civil proceedings.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0

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