Do not negotiate, avoid all the calls and e mails. Do not reply. Company can`t do anything.
Regarding absconding of an employee
I have worked for an x company for 3mnths and then i had some issues in the family and had to take a long leave after that due to the circumstances at my home i couldn't report them back and i had to leave the company with out any intimation.when hr tried to call i had explained the same.then after that it started with the warning letters till two mnths and for the third month i got third Waring letter and end of the month i got another letter that i they are terminating on basis of not reporting and not responding along with that i have to clear the dues of two mnths that is the salary of two months of notice period which i haven't served that total of about 60k.i between this when i got the second Waring letter in sept mnth i got an email through the exit help desk for which i have responded and told them my situation and informed them formally that i will not be able to report here after and asked for voluntary termination becoz i dont have any other option and begged apology for what i have done.the final letter which i got this month states that i have to pay the amount which are dues or else they would intiate legal proceedings against me. The offer letter which i have signed has an annexure that in case of not serving the notice period of two mnths the employee should pay up to the organization. But right now i am not in state that i could pay the due amount and i even dont know whether this company is threatening me or they are really particular about this? I am preparing for the govt examinations will this be a problem for my career? Will this lead to any kind of case against me? what call should i take right now.should i wait till i get the legal notice ? and how should i proceed after that? Can we negotiate the amount or ask for a settlement? Or should i stop recieving the letter from now can this be a solution? Pls help me with a good solution to come out of this.
Asked 6 years ago in Labour
12 Answers
You wait and relax. There will be no issue in govt exams. If you get any notice reply through lawyer.
Are you going to apply in future in this same company?
If yes than it will create problems.
If No than it will not create any problems.
Don't entertain them and if they send legal NOTICE don't reply. If you don't want any experience certificate etc.
If you want experience certificate than you have to entertain them.
Wait till court summons are received by you. You can defend in court or ask for payment in parts.
It will not pose any problems in your service carrier.
No need to reply to their notice.
See they can only file for recovery of amount before the civil court there can be no criminal action therefore there won't be any issue for your employment.
See you can talk to co pant to settle without paying if they are not ready then wait to see they are going to.file before court or not.
In case they file for recovery then you can compromise and pay.
Yes you can negotiate.
It is doubtful company would take legal proceedings for recovery of Rs 60 K
2) if you can afford it pay Rs 60 k being salary for notice period
3) in alternative if company files suit pay amount claimed by company
Option 1:
If your originals / documents are with you, just ignore them and concentrate on your exams.
Further, if it is not going to impact your future endeavours then ignore and go ahead.
Option 2:
It is better to meetup with them and settle the issue by negotiating with as per T&C of your appointment.
- As per Specific Relief Act , if any employee quits before the notice period ,the Employer can only recover the Notice pay , and the Company cannot force to serve the entire notice period.
- Further, the resiganation decisioin is the employees deceision , and the employer cannot sue for breach of contract , if the empolyee leave without serving contractual notice.
- Except, recovery of the said amount , company cannot harm you for the same.
- If, you are presently unable to pay the demanded amount , then wait till the receiving of legal notice .
- After receiving the demand notice , you should reply the same after narrating your financial hardship, and further assure him , that in the event of some relaxation, you can pay some amount.
- If, you will reply the said demand notice after narrating your financial hardship, then there is also chances of waiving the amount as well by the company.
Good luck and dont forget to rating Positively.
Dear
You should wait for the legal notice from the company after recieving the notice send a reply through your advocate.
Meet your advocate with details of all conversation happened with HR of the company.
Before legal notice You can unofficially try to negotiate the dispute with company.
Not recieving letter or rejection of letter is not a solution in this problem.
it is advisable that you do not leave the company without proper permission and serving the full notice period. If you leave without proper resignation, the company might file a case against you and ask you to pay compensation. Since your employment is governed by your employment contract, you will have to serve the notice period specified. If you do not fulfil the terms and conditions of the agreement the company can take legal action against you.
Dear Sir,
You need not bother about their threatening letters . Normally the corporate offices never go to civil courts to claim such meager amounts as such litigation can be dragged on for years together. It being a civil matter there will be no repercussions on your future career.
You can be free about it because they cannot do anything on this except they may issue a legal notice demanding money.
This is not a criminal offence hence they cannot approach police also for this.
They may not even file a money recovery suit for this small amount.
Hence remain silent without taking any action in furtherance.
