Hello,
I am Nithin and I am here to get a clear idea about the action that could be taken by a company after leaving it without giving proper notice or resignation.
Scenario is as below:
My brother joined cts in last october and since he got a better offer from another company he decided to quit cts. Since he had to join the new company immediately, he had to leave cts without notifying them and without submitting proper resignation. Now after 2 months since he left cts, he recieved a letter notifying that he will have to pay an amount equivalent to 2 months salary as notice period buy. If he fails to pay that they hav mentioned that they will take legal actioan against him.
Will this happen in reality? Can they take any legal action? Please advice on how to respond to this letter.
Thanks in advance
From India, Kochi
I am Nithin and I am here to get a clear idea about the action that could be taken by a company after leaving it without giving proper notice or resignation.
Scenario is as below:
My brother joined cts in last october and since he got a better offer from another company he decided to quit cts. Since he had to join the new company immediately, he had to leave cts without notifying them and without submitting proper resignation. Now after 2 months since he left cts, he recieved a letter notifying that he will have to pay an amount equivalent to 2 months salary as notice period buy. If he fails to pay that they hav mentioned that they will take legal actioan against him.
Will this happen in reality? Can they take any legal action? Please advice on how to respond to this letter.
Thanks in advance
From India, Kochi
Hi Nitin
Normally the service contracts or service rules or letters of appointment contain a stipulation that an employee can resign from the service after giving a notice of one or two or three months and failng which the employee has to pay salary corresponding to the notice period. If such stipilation is there in the contract of service of your brother, he is liable to serve such notice on the comapny or inlieu there of , pay wages/salary to the company. The contact is binding on him under the Contact Act and the comapny is entitled to take legal action for recovery of the same.
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt.ltd
Mumbai
022-28324234
From India, Mumbai
54Normally the service contracts or service rules or letters of appointment contain a stipulation that an employee can resign from the service after giving a notice of one or two or three months and failng which the employee has to pay salary corresponding to the notice period. If such stipilation is there in the contract of service of your brother, he is liable to serve such notice on the comapny or inlieu there of , pay wages/salary to the company. The contact is binding on him under the Contact Act and the comapny is entitled to take legal action for recovery of the same.
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt.ltd
Mumbai
022-28324234
From India, Mumbai
Hi Nitin,
In general it is better to settle the accounts with the previous employer and proceed further. It is good for both the parties, now the employer they themselves are asking for two months pay in lieu of notice period it is better to pay and clear the accounts or else the candidate personally meet the concerned, negotiate and finalize but it is better to clear the accounts.
Regards - kamesh
From India, Hyderabad
In general it is better to settle the accounts with the previous employer and proceed further. It is good for both the parties, now the employer they themselves are asking for two months pay in lieu of notice period it is better to pay and clear the accounts or else the candidate personally meet the concerned, negotiate and finalize but it is better to clear the accounts.
Regards - kamesh
From India, Hyderabad
Yes, they can take legal action against your brother. Not only this, they can also write to the current employers of your brother and notify them that your brother has absconded and has not been cleared by te company.
Kindly go through this note to have a better understanding...
<link no longer exists - removed>
From India, Mumbai
Kindly go through this note to have a better understanding...
<link no longer exists - removed>
From India, Mumbai
Guys ,, i have the same problem .. but due to medical problem i had to leave .. only 5 days training i have completed.. not even taken any salary... i got the same letter ..i dont want to pay .. what should i do .. i dont want relieving as well.
From India, Bhopal
From India, Bhopal
Send them your resignation along with your medical certificate.
Having served just five days,the company may not be on real strong footing to take action,especially when backed up with genuine medical certificate.
From India, Pune
Having served just five days,the company may not be on real strong footing to take action,especially when backed up with genuine medical certificate.
From India, Pune
Hi Nithin What did Cognizant do after the email to pay money they sent to you? Did you pay? Please let us know
From India, Lucknow
From India, Lucknow
Hi Nithin Did you pay the amount? I too am asked to pay 88,000 but they did not inform me anything about the notice period or this due amount. What to do now. Please help me.
From India, Pune
From India, Pune
Hello,
Leaving a company without proper notice can lead to consequences outlined in employment contracts. The letter's demand for 2 months' salary might be based on such terms. Legal action is possible but depends on local laws and severity. Steps to take:
Review employment contract.
Seek legal advice.
Negotiate if needed.
Respond promptly and professionally.
Consider settlement.
Consult legal help for your brother's specific situation.
From India, Bhubaneswar
Leaving a company without proper notice can lead to consequences outlined in employment contracts. The letter's demand for 2 months' salary might be based on such terms. Legal action is possible but depends on local laws and severity. Steps to take:
Review employment contract.
Seek legal advice.
Negotiate if needed.
Respond promptly and professionally.
Consider settlement.
Consult legal help for your brother's specific situation.
From India, Bhubaneswar
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