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What Legal Action Could Be Taken If An Employee Does Not Serve Notice Period? - CiteHR

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iChennadi
Hi,

I have recently joined a company as a contractor and was deployed at client location(IT Company). The company, pay, environment etc is real good i have no issues with that at all it's been 20 days(to be precise) since i joined the company. Now due to my current personal situation i need to move to my native place to look after my family business( there is no option except me). I tried my best if i could manage the business with some proxy in my native and i would visit during weekends. I am into night shifts so i thought i can manage but it was taking a toll on me. As of now as it's just 20 days in the company i was just getting myself trained on the product myself i was informed that the one on one training would be sometime after diwali. I have signed an agreement that i will not leave the company for a year as i will be trained for 3 months on the product if i would break it i have to pay 1 lakh or 3 months salary. right now i have informed the management about my problem and i will not be able to continue my service with them.

They have given me 2 options

1. either i get someone hired in my place who is as good as me(as they say but i am not that perfect i am an average person who tend to do his work and not create any fuss)

2. Or serve 30 days notice period and then leave the company

i have checked with few friends if they can join the company and he was ready but he need time(20-25 days) to get relieved from the current organisation and these guys cant wait for so long and they want me to serve the notice period. I would happily serve the notice period if it was not a kind of emergency in my family due to which i have to move back to my native but i cannot do that now.

they are not ready to agree for anything else other than the above 2 options.

They have informed that if i don't pick any one of the options they the issue will be forwarded to the Operations and legal team they would be dealing with this issue.

I want a smooth exit from the organisation without any fuss i am not looking for any formalities as well like relieving/experience letter or compensation(i dont think i deserve that as i am leaving my company in such fashion) bcoz i wont be joining any company in the near future.

Could any one please suggest a perfect solution for my issue?

what legal action will be taken if they move this to their operations and legal team?

note: My offer letter was emailed to me and i never replied to it accepting the offer but few days ago an HR called and informed that i have to submit the hard copy of the offer letter duly signed by me. Due to my ongoing issues i kept delaying it and at last i took a hard copy (signed by me) of the offer letter which has the CTC details and it says "Your employment will be subject to terms and conditions attached. This document will be the official appointment letter on acceptance." but i forgot the terms and conditions sheet along with it. The HR who took it informed that this is not a proper offer letter so he will get one prepared and will let me before that could happen here i am with this situation.

Request you guys to help me out with options/solutions anything which can get me out of this mess i have created in nice simple way. I keep getting random thoughts in my head to abscond, why the hell did i even inform them and i will just ignore them as i have already informed them as it was my duty but as i said i don't to get into any trouble so please help me guys.

From India, Hyderabad
sandhyasuri
2

Please share the exact content of the terms and conditions attached to it. Try to obtain a copy.
Do not despair so soon.
Are you on probation? Is there a training period involved before you get a confirmed staff status?
Until these details are clear, I can't really say.
Do update and then let's see...a step at a time.
Regards,
Sandy

From Nigeria, Lagos
iChennadi
I don't have the copy of that agreement and they will not give me the copy of it right now as I have informed them that I will not be coming to office and I have not showed up in the office for the past 3 days. I am not on probation as I am a contractor working at a client location. Yes there is a training period as it was mentioned in the agreement and as informed to me as well but training never started they gave me few online training videos to get to know about the product I needed to support and I was informed that the actual one on one training will be given the following week after Diwali which is next week.
From India, Hyderabad
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