Hi all,
I am in a situation wherein I need to abscond from my current employer to grab a life-changing opportunity. My notice period is of three months. I am offered to serve 1 month and 'buy-out' remaining 2 months by paying at my gross salary (offer letter has a buy-out clause but it mentions that company has a choice not to accept it).
So, can somebody share legal implication if I just abscond at the end of 1-month? From my research on internet I understood that company can send me legal notice to serve remaining 2 months or pay dues in lieu of that. I have already offered payment for the 2 months of notice period but HR is refusing to accept it. So, once I abscond they will anyways have to accept the payment.
Another question is, after they accept payment after I abscond, can they still withheld my experience certificate? I read somewhere that as per Section 77 of CLRW (Labour laws), issuing a 'Service Certificate' is mandatory on the part of employer. So, can somebody share if I can rightfully ask for experience certificate once after paying notice buy-out amount when HR sends a legal notice?
Thank you.
From India, Panjim
I am in a situation wherein I need to abscond from my current employer to grab a life-changing opportunity. My notice period is of three months. I am offered to serve 1 month and 'buy-out' remaining 2 months by paying at my gross salary (offer letter has a buy-out clause but it mentions that company has a choice not to accept it).
So, can somebody share legal implication if I just abscond at the end of 1-month? From my research on internet I understood that company can send me legal notice to serve remaining 2 months or pay dues in lieu of that. I have already offered payment for the 2 months of notice period but HR is refusing to accept it. So, once I abscond they will anyways have to accept the payment.
Another question is, after they accept payment after I abscond, can they still withheld my experience certificate? I read somewhere that as per Section 77 of CLRW (Labour laws), issuing a 'Service Certificate' is mandatory on the part of employer. So, can somebody share if I can rightfully ask for experience certificate once after paying notice buy-out amount when HR sends a legal notice?
Thank you.
From India, Panjim
Hi,
Do not make a mistake of absconding from an organization. Your reason of exit will be saved in database as Absconding. Even if you pay notice amount, reason of leaving organization will not change. If your new organization does your Back Ground Verification, there are chances you might not pass it, and that leads to termination.
Wise action is to have a talk with your reporting manager and HR, explain them the situation. No employer will stop you if you are getting a better opportunity. OR speak with your new organization to give you grace time to join after completing your notice period.
Plan it well for a better future in long run.
From India, Hyderabad
21Do not make a mistake of absconding from an organization. Your reason of exit will be saved in database as Absconding. Even if you pay notice amount, reason of leaving organization will not change. If your new organization does your Back Ground Verification, there are chances you might not pass it, and that leads to termination.
Wise action is to have a talk with your reporting manager and HR, explain them the situation. No employer will stop you if you are getting a better opportunity. OR speak with your new organization to give you grace time to join after completing your notice period.
Plan it well for a better future in long run.
From India, Hyderabad
Dear Annonymous,
Since you have life changing opportunity Hence you should not have abscond form the company. In the legal view absconding is the serious misconduct company can initiate the legal action against you. Resignation is totally depends on your discretion No one can force you to serve your employment its your own choice & Right. if you have better opportunity legally your company cannot denied to buy out the period of Notice cited the company has choice not to accept it. Such clause in service agreement is one sided. As per sec 27 of indian contract act. 1872 one sided contract shall be Null and void.
in the land mark judgement of bombay High court in the case of star india pvt. Ltd V Laxmiraj Seetharam Nayek and another (2003) the Hon'ble court has observed that in the very long process of career of every person. No one else can have proprietary rights or interest in such acquisition of excellence. The court also observed that if the plaintiff had right to terminate the contract on the ground of misconduct. It cannot be said that the defendand had absolutely no right to resign from the employment on account of better prospects or other personal reasons. If he finds better employment with better remuneration and the other service conditions. He cannot be tied down under the terms of service contract.
Therefore you should report your duty immediately company cannot denied to buy out the rest period of Notice the payment thereof in lieu is the damage amount incurred if any due to sudden exit of employee. Hence pay the amount in lieu and ask them for relieving?
Thanks & Regards
V SHAKYA
HR & Labour, Corporate Laws Advisor
From India, Agra
Since you have life changing opportunity Hence you should not have abscond form the company. In the legal view absconding is the serious misconduct company can initiate the legal action against you. Resignation is totally depends on your discretion No one can force you to serve your employment its your own choice & Right. if you have better opportunity legally your company cannot denied to buy out the period of Notice cited the company has choice not to accept it. Such clause in service agreement is one sided. As per sec 27 of indian contract act. 1872 one sided contract shall be Null and void.
in the land mark judgement of bombay High court in the case of star india pvt. Ltd V Laxmiraj Seetharam Nayek and another (2003) the Hon'ble court has observed that in the very long process of career of every person. No one else can have proprietary rights or interest in such acquisition of excellence. The court also observed that if the plaintiff had right to terminate the contract on the ground of misconduct. It cannot be said that the defendand had absolutely no right to resign from the employment on account of better prospects or other personal reasons. If he finds better employment with better remuneration and the other service conditions. He cannot be tied down under the terms of service contract.
Therefore you should report your duty immediately company cannot denied to buy out the rest period of Notice the payment thereof in lieu is the damage amount incurred if any due to sudden exit of employee. Hence pay the amount in lieu and ask them for relieving?
Thanks & Regards
V SHAKYA
HR & Labour, Corporate Laws Advisor
From India, Agra
Dear Shakya,
Thank you for your advise. I am more than willing to pay company for the damages cause due to my sudden exit from company. I have sent multiple emails to company HR to ask for the amount that I am required to pay as per the company policy. But, they have not responded. I have also informed that I have no intention of 'Absconding' or 'Running Away' but just that my personal situation doesn't enable me to serve complete notice period.
Company HR and my manager is not at all supportive. They are intentionally not accepting payment in lieu of notice period just to stop me so that my next offer gets cancelled.
Is there any legal precedent in which court forced employer to accept the payment in lieu of notice period and complete exit formalities for the employee. Also, legally, do I have any law at my disposal to save myself from legal trouble as I have already informed company that I will leave by some date well before 15 days in advance and hence practically I am not Absconding.
From India, Panjim
Thank you for your advise. I am more than willing to pay company for the damages cause due to my sudden exit from company. I have sent multiple emails to company HR to ask for the amount that I am required to pay as per the company policy. But, they have not responded. I have also informed that I have no intention of 'Absconding' or 'Running Away' but just that my personal situation doesn't enable me to serve complete notice period.
Company HR and my manager is not at all supportive. They are intentionally not accepting payment in lieu of notice period just to stop me so that my next offer gets cancelled.
Is there any legal precedent in which court forced employer to accept the payment in lieu of notice period and complete exit formalities for the employee. Also, legally, do I have any law at my disposal to save myself from legal trouble as I have already informed company that I will leave by some date well before 15 days in advance and hence practically I am not Absconding.
From India, Panjim
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
06b-Form VI-B (Notice of Commencement of Contract Work).pdf
Company Letter for Completion 01 Month Notice.docx