Leave without serving notice period
Dear Sir
Please help me i have very thankful to you.
I have left from my company without serving notice period of 1 month within probation period of 3 month my joining is 12th August 2019 and left on 11th November 2019.
Also company issue me the Offer letter with mentioned that "there are probation period of 3 month" and not issue me the Appointment Letter.
On 28th November 2019 company issue me the Legal Demand Notice that you have to pay the one month salary to company. So please guide me that what i reply of Notice.
I have signed employee hand book which is on plain paper or not on company letter head.
Please see the Point of signed employee hand book:-
(1.4 Resignation / Termination of services
Unless otherwise stated in the Employee’s employment agreement, either party may
terminate the Employee’s employment by giving one (1) months’ notice in writing or
by paying salary in lieu of notice.
In the event of receipt of notice of termination / resignation from the Employee, the
Company, if it so desires, can release the Employee from service immediately or at a
shorter notice period than the prescribed period of one (1) month, without recovery of
any salary in lieu of notice.
The Employee’s employment may be terminated by the Company without any notice
or payment in lieu of notice under the following circumstances:
a) if the Employee is guilty of any default or misconduct in connection with or
affecting the business of the Company;
b) in the event of any breach or non-observance by the Employee of the express or
implied terms governing his employment including any directive issued by the
Company from time to time;
c) if the Employee becomes bankrupt or makes any composition or enters into any
deed of arrangement with his creditors;
d) if the Employee is convicted of any criminal offence (other than an offence under
road traffic legislation in India or elsewhere for which a fine or non-custodial
penalty is imposed); or
e) if the Employee becomes of unsound mind.
Bits N Bytes Soft Private Limited Employee Handbook
Page 4 of 15
An Employee who is absent from work for more than 3 (three) consecutive days,
without the prior approval of the Company shall be deemed to have terminated his
contract unless he has reasonable excuse for such an absence, and has informed or
attempted to inform the Company of such absence prior to or at the earliest
opportunity during such absence.
Upon termination of employment for any reason, the Employee shall forthwith
deliver to the Company any and all documents and / or any other materials which
relate in any way to the affairs or business of the Company or its related companies or
their client(s).
On 28th November 2019 company issue me the Legal Demand Notice that you have to pay the one month salary to company.