Hi, I have joined one company worked for 4 months and i have a probationary period of 6 months. I got an offer from a different company.
I'll be joining as a fresher to the new company. I left the job without giving the notice period to the old company. Will that affect my career as the old company is telling me that they will take legal action. Kindly help!!
From India, Bengaluru
I'll be joining as a fresher to the new company. I left the job without giving the notice period to the old company. Will that affect my career as the old company is telling me that they will take legal action. Kindly help!!
From India, Bengaluru
Under normal circumstances notice period will not apply during probation period unless otherwise specified in the contract of employment. Moreover, no employee shall be compelled to work with an organisation. Therefore, there is no legal issue. However, if you have not disclosed the 4 or 5 months' service to the present organisation and later they come to know that there was concealment of facts, the present employer shall initiate action against you. In such situation it is always fair if during the interview you reveal that you are working with an organisation and would like to leave it because the job that you are doing is not the one you expected or the work culture does not match your expectation or due to other reasons. Anyway, the previous company will not proceed much legally because it will not be maintainable.
From India, Kannur
3891From India, Kannur
Hi Madhu, thanks for the information. But i have signed the offer letter that mentioned of 2 months of notice period should be served in the probationary period.
I am worried about that, they can take any legal action.
More over its not an contarct or agreement its just a offer letter which mentioned all the information.
Kindly please help me out.
From India, Bengaluru
I am worried about that, they can take any legal action.
More over its not an contarct or agreement its just a offer letter which mentioned all the information.
Kindly please help me out.
From India, Bengaluru
Offer once accepted by you would become a contract and if that contract specifically provides for two months notice during probation they can send letters threatening you to pay notice pay etc. But I am sure with this contract of employment they will proceed legally. But they can harass you especially if you are in an industry which has an employers' association like that available in IT industry. But you should take it forward with confidence and defend yourself by saying that you left the company because you did not like the employment culture. I don't think that an employer will waste his time in going to court for a left employee when he has lot of other work to do. Therefore, forget about it.
From India, Kannur
From India, Kannur
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Enforcement of negative covenants in employment terms.pdf