Can the company take legal action if I don't serve the notice period?
2 years ago
I quit my job and wont be able to serve the notice period due to personal reasons, the offer letter I signed had no mention of notice period on it. Furthermore notice period was introduced(after 6months) when they sent a confirmation letter for me being a permanent employee now, and I did not send any confirmation to that letter(over mail or signer or verbal).
Can the company take legal action against me for not serving the notice period?
A.Dear Sir,
If you have not signed any bond with the Company then it cannot initiate any action. Even otherwise they cannot take any action under Section 27 of Indian Contract Act. It is better to close the matter by issuing a letter intimating them about your urgency to exist from the company without notice.
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If you have not signed any bond with the Company then it cannot initiate any action. Even otherwise they cannot take any action under Section 27 of Indian Contract Act. It is better to close the matter by issuing a letter intimating them about your urgency to exist from the company without notice.
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A.hi,
The letter sent to you by he employer that you'll have to provide with a notice period before leaving the job gives the employer enough right to bring an legal action against you if you leave the job without giving the notice period. It would be suggested to provide with a notice period then leave the job in order to avoid complication of legal action against you.
thanks
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The letter sent to you by he employer that you'll have to provide with a notice period before leaving the job gives the employer enough right to bring an legal action against you if you leave the job without giving the notice period. It would be suggested to provide with a notice period then leave the job in order to avoid complication of legal action against you.
thanks
If you find this advice helpful please rate.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.hello
They have sent a letter informing that you'll have to provide with a notice period before leaving the job. So, they have a right to take legal action against you for the same. But you could contact the company and inform your situation, they might not take any legal action against you if your problem is genuine.
Thanks.
They have sent a letter informing that you'll have to provide with a notice period before leaving the job. So, they have a right to take legal action against you for the same. But you could contact the company and inform your situation, they might not take any legal action against you if your problem is genuine.
Thanks.
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A.Since they have sent you the confirmation letter mentioning the notice period hence it means that there is a notice period and if you don't serve it then they might take legal action against you. Your action of continued service with then is more than enough to prove that you accepted the confirmation letter so you are bound to honour that and serve the notice period.
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