I have been working for a company from Feb till July and I was very frustrated and wanted to quit the company in June mid I went to the portal where another colleague was able to see the resign button but it was not available for me. After 15 days I was more frustrated and I absconded. I haven't picked up there calls since then and I have received mail on my personal mail stating report within 7 days or you will face actions. what consequences I might go through. ---- Your employment will be contingent upon the successful completion of a ninety (90) day initial probationary period, which period shall commence from the date of your joining the Company. Notwithstanding anything stated in section 6.1 herein, during the probationary period your employment can be terminated by either you or company giving to the other thirty (30) days of notice in writing. If your performance is satisfactory to the Company during this probationary period, then notice of termination by either party shall be extended after the probationary period to the period of time specified in Section 6.1. The Company may also choose to extend such probationary period, in accordance with law. --- Your employment will also be governed by statutory laws enacted by the government or local authorities as may be applicable from time to time. You shall comply with all applicable laws, regulations, and governmental orders of India, now or hereafter in effect, relating to your employment by the Company, including but not limited to the provisions of the Prevention of Corruption Act, 1988 of India, the Foreign Corrupt Practices Act, 1977 of the United States of America and the Bribery Act 2010 of the United Kingdom. Without limiting the generality of the foregoing, you represent and covenant that you have not, and shall not, at any time, during your employment with the Company, pay, give, or offer or promise to pay or give, any money or any other thing of value, directly or indirectly, to, or for the benefit of: (i) any public servant, government official, political party or candidate for political office; or (ii) any other person, firm, corporation or other entity, with knowledge that some, or all of that money, or other thing of value will be paid, given, offered or promised to a public servant, government official, political party or candidate for political office, for the purpose of obtaining or retaining any business, or to obtain any other unfair advantage, in connection with the Company's business. -- Except as provided in Section 1, your employment may be terminated at any time by either you or org giving to the other ninety (90) days of notice in writing. The Company may in its sole discretion decide to pay you in lieu of notice. 6.2 Notwithstanding the provisions of Section 6.1 or anything else to the contrary, the Company may terminate your employment with immediate effect without notice or payment in lieu of notice, for any of the following reasons as d
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6.1 Except as provided in Section 1, your employment may be terminated at any time by either you or org giving to the other ninety (90) days of notice in writing. The Company may in its sole discretion decide to pay you in lieu of notice. 6.2 Notwithstanding the provisions of Section 6.1 or anything else to the contrary, the Company may terminate your employment with immediate effect without notice or payment in lieu of notice, for any of the following reasons as determined by the Company in its sole discretion: (a) fraudulent, dishonest or undisciplined conduct on your part, including dishonest or wrongful disclosure of your biodata or information at the time of interview, appointment or during the course of employment; (b) you are found to have wilfully suppressed material information at the time of interview, appointment or during the course of employment; (c) your breach of integrity, embezzlement, misappropriation, misuse or causing damage to the Company’s property; (d) your failure to comply with the directions given to you by your manager or any other authorised person; (e) your insolvency or conviction for a criminal offence or you are found to be involved in any act which is punishable as an offence under the Indian Penal Code, 1860 within or outside the premises of the Company; (f) your breach of the terms or conditions or the Company’s policies or other directions of the Company; (g) you abetting a strike in contravention of any law for the time being in force; (h) your unauthorised absence for a continuous period of seven (7) days from work (including due to unapproved overstay of leave/ training); (i) you conducting yourself in a manner which is regarded by the Company as prejudicial to its own interests or to the interests of its clients; (j) any misconduct on your part, as provided under law and/or under the Company’s policies. (k) If you refuse to cooperate with any ongoing investigations, enquiries or fact finding 6.3 The Company
6.3 The Company may set off any amounts owing and payable by you to the Company at the date of termination against any amount then payable to you by the Company. 6.4 If your employment is terminated by reason of the liquidation of the Company for the purpose of reconstruction, merger, spinoff, acquisition, amalgamation or by reason of any reorganization of the Company or any other corporate action (including a transfer of establishment/unit/undertaking) and if you have been offered employment with the company succeeding to the Company upon such event on terms no less favorable to you than the terms in effect under this letter, then you shall have no contractual claim against the Company by reason of the termination of the employment.
Don't worry. Nothing will happen to you.
If any product of the company like laptop, papers or other gadgets are with you immediately return these with a written receipt or proof
Then send them a formal email stating your resignation from the company with immediate effect.
On the basis of this agreement nothing will happen to you.
So rest assured on this account.
Next time join in such company where you need not quit it out of frustration.
You will not get relieving letter. May be Full and final settlement may not be given. If they feel like they may file suit if they have trained you and spend on you and any bond or penal clause is there
- 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 resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Except, recovery of the said amount, company cannot harm you for the same
- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
- Hence, if you dont want to serve the notice period , the pay the notice period as mentioned in the offer letter or appointment letter.
If you are in probation period you can terminate your employment by giving 30 day’s notice period
2) f you are confirmed employee then you have to give 90 days notice
You can offer to pay salary in lieu of notice period
2) it is at discretion of company to accept salary in lieu of notice period
Act as mentioned herein above
If you are not involved in any act of crime or against the interest of the Company.
No case No problem.
Serve them legal notice for discontinuation of your services with them stating reason specifically caused you discomfort and annoying situations in the premises and with the people .
Ask them to settle your accounts as per rules and terms of appointment letter.
Hello ,
You will be terminated as per section 6.1 e of the agreement as mentioned herein above. I would like to suggest you to handover all their belongings through courier or to someone physically against the acknowledgement receipt for the same.
Hope this helps.
Regards
Leaving the company without intimating them about the the intention to resign the job or tendering a letter of resignation amounts to absconding.
Since you have received notice, you may issue a reply notice either by yourself or through your lawyer with the reasons you may rely upon for leaving the company without informing them.
If you do not give any reply then you will be subjected to legal action as per company rules.
What is the purpose of furnishing the company clauses that were given to you long with the employment offer letter.
You have committed an offence by absconding while you left the company without intimating them.
Now since you have received a legal notice you may have to issue a reply notice otherwise it will be construed that you have accepted their allegations leveled by them against you.
You have unnecessarily furnished the company rules that were supplied to you along with the employment offer letter.
Even now you don't appear to be serious about the blunder you have done by leaving the company without informing them, or tendering formal resignation letter.
You will be termed as an absconder.
If you do not take any rectification action now then you will be liable for the legal consequences for the action taken by the company in this regard.
None of clause impose any legal consequences on you.
Dont bother and submit resignation via email. Even if you not submit resignation, no legal action agaisnt you.
