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What Are The Legal Actions Against Employee For Not Serving The Notice Period ? - CiteHR

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sunny_garg
1

Hi,

I joined a co. two months back at a descent hike.

But after joining i found company environment very unhealthy for me and i started looking for a job. Now i got a very good job and that too on the basis of my past experience as they are not considering my current company's experience and even i dont want the experience letter from this company also.

Now i am planning to resign from current co. and don't want to serve the notice period which is 28 days in probation.

So i'll resign from here and wont come to office anymore.

Another thing is before joining my current organisation they mentioned that it will be a shift work but here i am doing 12 hours shift and no compensation is being given, no cab facility so this is really very frustating for me.

My point is, i got the relocation from this co. few days back now when i'll leave what legal action they can take against me as i not serving the notice period neither i am paying in lieu of notice period nor i am giving them the relocation expenses back ?

Regards,

Sunny

From India, Pune
flyingstarter
Dear Sunny,
sorry to say, you have to give notice period to relieve from there. Whatever be the reason, you have to give notice period, and come out from that co., with nice gesture. If the new company knows that you came out from the previous company without notice period what they will think about you?
Think and decide.
With regds,
flyingstarter.

From India, Madras
rajanassociates
50

Dear
In lieu of the Notice period pay them the equivalent salary for the 28 days by sending them a letter enclosing the DD for the Notice period payment .Even refund of re-location expenses may not be an issue if proper exit is rendered by you.After doing this wait for their response and act.
With Regards
Advocates & Notaries -Legal Consultants-HR
E-mail : rajanassociates@eth,net,
Mobile : 9025792684-9025792634

From India, Bangalore
Peeu
Dear Sunny,
Every company has their own HR policies well as i can see you only have 2 options first, you can servive your notice periods and secound one, you can remburse your employment other wise talk to your HR they ll provide you an appropriate solution
vth rgds
Nisha Sharma

From India, Gurgaon
Santosh Harsh
Hi Sunny,
Every company will have a clause with Relocation expenses. you need to refund relocation expenses to the company if you are leaving within a year.
It was better if You had done through research before joining that company.
Even we faced lot many problems after hiring outstation candidates. they get their relocation expenses paid by us and serve other companies. Generally no company takes action against these kind of employees because its good to get rid of unethical people.
Thanks,
Santosh

From India, Bangalore
seemabisht1
Good morning Sunny,
I will suggest you as you have to serve notice period otherwise they can take any legal action against you because they have mentioned you have to serve notice period of 28 days in your probatation period OR you have to talk HR of the company OR you can do onething you pay them the 28 days salary in lieu to serve the notice period.
You can also talk to your new organisation where you want to join about this problem may be they can give you 28 days to serve the notice period.
with best regards
Seema Bisht
Sr. Manager HR

From India, Delhi
r.sairam
1

Dear Sunny
You have the followimg options.
1) You have to give 28 days notice as per tour contract or
2) You have to pay 28days salary in lieu of it if the contarct contains a provision or
3)meet HR and convince them to waive the notice period since they always can exercise discretion
4) If you do not give the required notice period, it amounts breach of contarct. If the contarct allows the company to claim any summary damages for any breach of the terms of contarct, the company is likely to invoke the clause and a send a notice to you. SO it all depends up on the terms of the contarct which may be your letter of appointment etc.
B.sai Kumar
Consultant in HR-Labour laws

From India, Mumbai
143jesus
hi sunny! It is very professional by giving notice period and left from organisation as a friendly nature. Aruna
From India, Visakhapatnam
hyelni
Hi,
Your experience in the company may be frustrating, but you need to give your notice period or pay the company in lieu; that's the proper thing to do. The company may have its policy on relocation expense and you can discuss with HR, hopefully it won't be a problem. All the best.


samyak1
7

Dear Sunny,
There is no option for you except giving the proper notice period according to your company policy.
What you can try is that try to convince your company people to relieve you bit early. For that you need to give some strong reason! You also can give another option of cutting the remain days amount from your salary! If they relieve you in 20 days then they can cut 10 days salary from the payable 20 days salary. Otherwise don't indulge yourself in any trouble!
Khyati Pandya
HR
Ahmedabad
09909044336

From India, Ahmadabad
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