Hi. I am in aviation. I am planning to leave my job without serving notice period to the company which is 6 months as per my contract. The company has abruptly changed the notice period to 1 year as per Directorate General of Civil Aviation (Indian Aviation Regulator) regulation which is sub judice. The reason for me leaving the job is as the company has breached the terms and conditions of the contract (Leave without pay for 9 months during Covid 19 and other monetary benefits as per contract not honored). I have recently resigned as they have given me transfer to another city which I am not willing to go. There is no clause where I can pay in lieu of notice period. I want know what are the consequences of me leaving without serving notice period ? How can I leave legally ? Can the company file a case against me despite them breaching the contract ?
Leaving without serving the notice period can lead to consequences such as forfeiting salary, experience letter, and other benefits. However, if the company has breached the terms and conditions of the contract, the employee may have the right to resign without serving the notice period. The employee should try to negotiate with the company to come to a mutual agreement. If the company still files a case, the employee can defend themselves by citing the breach of contract by the company. Please seek an expert legal advice over this matter.
A.Dear Sir,
When the matter is sub-judice the company cannot abruptly change the notice period from 6 months to 1 year. It is not necessary for you to serve notice period if the company breached the terms and conditions of the contract.
Dear Client,
Leave Encashment Rules for private companies vary according to their policies and local regulations. Each company has a unique leave encashment policy. Some may have a cap on the number o...
Dear Client,
Your query requires more details and transparency in explaining the cause of action that attracts legal remedies. However, it may be noted that if you tender your resignation following th...
Dear Client,
If the payment of shift allowance does not appear in your offer/appointment letter or the wage and salary policy of the Company, you cannot claim it as a matter of right. Other than the d...
Dear Client,
Yes, of course, the Company can take action against you for breach of the terms of the contract as per its HR policy. Once you accept the Company's offer letter, you should abide by its...
Dear Client,
For a breach of the terms of an employment contract, an employer can take legal action against the employee claiming damages arising out of the breach of said contract. But the action of...
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Resigning without Notice Period
No Leave Encashment - Worked for 18 plus years in the organization
