Asking for a friend - X
Due to pressing personal circumstances, X requested his company to grant a leave for two months, which the company denied, on the ground that such a position cannot be left vacant for so long.
X approached the company with resignation letter on 9 September 2017. It was rejected. But on 19th, he resigned without any settlements on the ground that the two months notice wasn't served.
X had requested for a waiver of it.
X was due to receive an incentive of previous month but it was held back.
X joined another company in the meantime. (Maybe they didn't require relieving letter from the previous employer)?
X has now received the notice from the company that, failing to give 2 months notice, he'd be liable to pay 1.5 lacs. (And this was conveyed to him when his resignation was rejected)
It also says that the company became suspicious of his requests, and made enquiry about him, and found out he took job with another company. (He'd joined after resigning from first)
(As they'd not formally accepted his resignation, he was still their employee. Thus the notice, which was served yesterday)
Will this call for any criminal action against him? (as in they're calling him absconder)? He'd worked for a year with that company.
Here's a dilemma :
• Even after putting in the resignation and of being absent from work, X had kept calling the company to accept the resignation.
• Company never made any attempts, instead.
• Instead of asking for 1.5 lacs, could they have not adjusted the claim against salary against notice period + incentive?
I'm interested to know what are the outcomes of such cases -
1. We will send a notice.
(But X clearly can't pay that high of a claim price) - so how do we settle on that?
2. Under what Section will a Suit for Recovery be put?
Thanks so much!
From India
Due to pressing personal circumstances, X requested his company to grant a leave for two months, which the company denied, on the ground that such a position cannot be left vacant for so long.
X approached the company with resignation letter on 9 September 2017. It was rejected. But on 19th, he resigned without any settlements on the ground that the two months notice wasn't served.
X had requested for a waiver of it.
X was due to receive an incentive of previous month but it was held back.
X joined another company in the meantime. (Maybe they didn't require relieving letter from the previous employer)?
X has now received the notice from the company that, failing to give 2 months notice, he'd be liable to pay 1.5 lacs. (And this was conveyed to him when his resignation was rejected)
It also says that the company became suspicious of his requests, and made enquiry about him, and found out he took job with another company. (He'd joined after resigning from first)
(As they'd not formally accepted his resignation, he was still their employee. Thus the notice, which was served yesterday)
Will this call for any criminal action against him? (as in they're calling him absconder)? He'd worked for a year with that company.
Here's a dilemma :
• Even after putting in the resignation and of being absent from work, X had kept calling the company to accept the resignation.
• Company never made any attempts, instead.
• Instead of asking for 1.5 lacs, could they have not adjusted the claim against salary against notice period + incentive?
I'm interested to know what are the outcomes of such cases -
1. We will send a notice.
(But X clearly can't pay that high of a claim price) - so how do we settle on that?
2. Under what Section will a Suit for Recovery be put?
Thanks so much!
From India
Hi
The person who had resigned in the above instance is at fault and cannot claim to be innocent under any circumstance. He/she was well aware of the contract of employment between the parties with the employer making it clear as to the period of notice applicable if an employee wishes to quit the employment. This is done primarily to insulate the employer from sudden shocks and time to get a replacement. You cannot make a mockery of the situation and turn around and state that you will pay for the loss etc. It may not be just the salary but much more in some cases when someone abruptly leave a company without any notice, especially if the role is very critical to the company. Paying for the notice period is one option given as a natural justice to both the parties and cannot be ignored just like that. Better admit the fault and try to settle the issue instead of getting mired in the legal tangle which may take much time and stressful in most cases.
Thanks and Regards
From India, Hyderabad
116The person who had resigned in the above instance is at fault and cannot claim to be innocent under any circumstance. He/she was well aware of the contract of employment between the parties with the employer making it clear as to the period of notice applicable if an employee wishes to quit the employment. This is done primarily to insulate the employer from sudden shocks and time to get a replacement. You cannot make a mockery of the situation and turn around and state that you will pay for the loss etc. It may not be just the salary but much more in some cases when someone abruptly leave a company without any notice, especially if the role is very critical to the company. Paying for the notice period is one option given as a natural justice to both the parties and cannot be ignored just like that. Better admit the fault and try to settle the issue instead of getting mired in the legal tangle which may take much time and stressful in most cases.
Thanks and Regards
From India, Hyderabad
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Withdrawl of Resignation and Notice period.doc
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