My company has notice period of 60days . I have served 30days and wanted to go for buy out option for rest as need to go to Australia. My managers are not ready to release me soon and threatning me that if I do not complete notice period, they will ruin my career. I need to know what worse can be done. The company agreement says: "If you decide to terminate your employment with Epsilon, you are required to give written notice of 60days. You would be required ti serve out the stipulated notice period and it cannot be offset against any accrued leave unless approved by Epsilon. Epsilon also reserves the right to require you to pay out the notice period and/or to withold your relieving letter, if you fail to serve notice period without necessary approvals from Epsilon.Any resignation would have to be accepted by Epsilon to become effective.
1)it is at discretion of company to accept your offer of payment of one month salary in lieu of notice period
2) company would not give you relieving letter if there is shortfall in notice period
3) company can declare you absconder if you fail to serve the notice period
4) company can sue you to recover one month salary
1. Any unilateral clause in the agreement cannot be enforced legally. It has to be on mutually agreed terms only.
2. Since you have served the Company for 30 days after your submitting the resignation letter and the remaining 30 days can be offset by your paying the employer the amount equivalent to your 30 days' salary.
3. If the Company doesn't approve your resignation and issue relieving letter, send a legal notice through a Lawyer to obtain the same.
I can let go my relieving letter as its just 4 months, I joined the company.Will there be any impact of company declares absconder. I am ready to pay for the notice period so if company sues , will the things can be settled even if I am out of India?
it may affect your future job prospects if you are declared an absconder
2) inform your employer that you are migrating abroad hence to accept salary in lieu of notice period
3) if company sues you then you can engage a lawyer in India to appear on your behalf
1. The Company can declare you as an absconder if there is no written communication to them regarding your discontinuance of your service and the Company's assets in your custody which have not been returned to them.
2. As per your narration, you have joined the Company only 4 months' back. In that case you are still in Probationary period and the notice period of 60 days may not be insisted upon you. However going through the appointment order may throw some light on that.
3. If you are not being given specialised training at Company's cost, the Company may not sue you, whether you are in India or abroad.
Hello,
A company will not sue you directly, there must be an ARBITRATION CLAUSE in your employment agreement and as such at the most they will appoint an arbitrator and since you are willing to pay you do not have to worry about the same. As and when asked you can pay for the notice period either directly or through some representative.
Regards
Sir,
You can take emergency leave till your notice period get over. If you abscond then when the BGV check happen with previous company HR you will be caught.
thanks,
adv.niranjan,
mobile - .
The conditions in the employment offer letter is very clear that you may have to pay for the un-served notice period, hence you my inform the company abut your decision and communicate the same through a letter of resignation sent by a registered post intimating that you would serve for 30 days and are willing to pay for the rest 30 days of the notice period as mentioned in the clause in the employment offer letter.
This would invoke a positive response, if not you can issue a legal notice in this regard and demand the relief as desired.
I can let go my relieving letter as its just 4 months, I joined the company.Will there be any impact of company declares absconder. I am ready to pay for the notice period so if company sues , will the things can be settled even if I am out of India?
If the former employer is trying to ruin your career, he may give an adverse report to your current employer on verification report.
You have to balance the same accordingly, hence it would be better that you follow the legal procedure properly so that it do not hamper your service and future career.