The company has a policy of notice from either side. But in your case the company has played a fraud upon you/mislead you into joining at a location which is different from the location which was promised. Therefore the contractvin your case doesn't hold good. This should be the basis of your resignation.
Want to quit job after 5 days
During HR discussion I was told a location that is near to my home and after i joined the company my reporting manager is making me come to work location that is 3hrs away from my Home daily 6 hrs are wasted to go and come I told him that I was told another work location but he is telling this will be my location for now and later in future might change It's just been 5 days I have joined and my company notice period is 2 months can I quit the job and not server notice period ? I have not signed any contract just signed the offer letter which mentioned below point - During the probationary period, either party shall be entitled to terminate the contract of employment by giving notice of 2 months in writing to the other. 14.2 After confirmation, the appointment can be terminated by either party on giving notice as per his / her applicable band mentioned below. •– 2 months As per company policy, the service certificates shall be issued subject to completion of exit formalities and serving the complete notice period. The Company at it's sole discretion may accept full or part payment, in lieu of the notice. How should I proceed please guide me should I drop mail or call and inform or abscond
Asked 3 years ago in Labour
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7 Answers
You can resign but will have to serve the notice period of 2 months
it is at discretion of company to waive notice period
If this working condition was not informed to you earlier and if you find it difficult to continue this work, you can mention the same as reason and send your resignation letter to the company.
As per the employment offer letter you are required to give two months notice or to compensate by paying basic salary to the un served notice period
There no mention in offer letter of any particular location of employment. In the absence such term you are bound by term of notice period mentioned in offer letter. Either buy notice period or server notice period.
You need to serve notice period or buy the same. You can resign on above conditions
- 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.
- 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.
- Since , you have worked only for 5 days then it come under the probation period , and during this period notice period not applied .
- Probationary periods are often applied to new employees as a means of determining their capabilities in a new job.
- Further , the employer can terminate during the probation, and employee can also leave the job with the terms and conditions mentioned in the appointment letter for probation.
- Hence, if you don't want to continue the job , then tender resignation with the reasons for the same.
Dear Client,
Absconding from a company is a crime and it is dealt with under section 82 of the Code of Criminal Procedure. So the company can take legal actions against the absconder.An employee will face a loss of pay or salary. There will not be any experience letter with the employee. Absconder will be left with a bad reputation, as he/she will be put into the blacklist and never be rehired.In case a person is absconding, company is not liable to pay the notice period salary and company can take action against the candidate for not serving the notice period. The term absconding literally means 'to secretly run away from a situation to avoid custody or arrest'.Yes, of course, provided they are desperate enough to ask you to rejoin. As a matter of policy, many companies do not consider employing even those who have formally quit an organisation after proper notice.When your employer terminates your service, you can apply to the Unemployment Insurance Fund (UIF) for benefits. The benefits are only available to you if you have been contributing to the UIF while you worked. You cannot claim if you have resigned, been suspended or absconded from work.If the absconding report was registered against an employee when he or she is inside the country, the authorities with impose a travel ban on the employee, preventing him or her to escape.
Thanks & Regards
