Notice period recovery
7 months ago
Hello sir I have joined a company, name xyz small finance bank. After 4 days I resigned due to a serious personal issue. Leaving time I have informed my problem to the AM, HR, and ROM and submit my letter for resignation. They have informed me to served notice period but my problem was serious so I had to leave the company from that very day. After few days they send me recall notice and I have informed them that I have already informed them about my problem. Then they terminate me with the cause of voluntary absconding.. 2 months letter they said that I have to pay 1 month sallary otherwise they send me legal notice. Where I did not take any kind of training as well as any system. What will be the consequences of the legal notice..... kindly help sir right now I am unemployed And i have no amount to pay them... More over my family belongs to economically weeker section.. kindly help sir
A.Dear Client,
Voluntary absence from service or absconding cannot be termed as unauthorized absence on submission of resignation by an employee, So the company cannot take any disciplinary action against you and even they cannot recover one month's salary for breach of terms of contract of employment if the ground behind your absence comes under the purview of clause of force majeure,i.e, unavoidable or unpredictable conditions. So, reach out to an Advocate for serving a counter reply to said legal notice of the company. Apart, from this, for any kind of further harassment file a complaint against the Company for unfair labour practice before the concerned Labour Commissioner for redressal of your grievance.
Voluntary absence from service or absconding cannot be termed as unauthorized absence on submission of resignation by an employee, So the company cannot take any disciplinary action against you and even they cannot recover one month's salary for breach of terms of contract of employment if the ground behind your absence comes under the purview of clause of force majeure,i.e, unavoidable or unpredictable conditions. So, reach out to an Advocate for serving a counter reply to said legal notice of the company. Apart, from this, for any kind of further harassment file a complaint against the Company for unfair labour practice before the concerned Labour Commissioner for redressal of your grievance.
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A.Dear Client,
It's important to understand that your legal rights and obligations in this situation may depend on the terms of your employment contract, the applicable labor laws in your jurisdiction, and the specific circumstances surrounding your resignation and termination. Here are some points to consider:
Notice Period: Many employment contracts require employees to provide a notice period before resigning. If you left without serving the notice period as required by your contract, your employer may have the right to claim damages or withhold a portion of your salary in lieu of the notice period.
Voluntary Absconding: If your employer terminated you with the reason of "voluntary absconding," they may be attempting to establish that you abandoned your job without notice, which could impact your entitlements under your contract and labor laws.
Legal Notice: If your employer sends you a legal notice seeking payment of one month's salary or any other claims, you should take the notice seriously. It's essential to consult with a legal professional at this point to understand the nature of the notice and your options for responding.
Defenses: Depending on the specific circumstances of your case, you may have defenses. For example, if you had a legitimate reason for resigning without serving the notice period, such as a serious personal issue, and you communicated this to your employer, it could impact their ability to claim damages.
Financial Hardship: If you are facing financial hardship and are unable to pay the claimed amount, you should communicate this to your employer in a professional and respectful manner. While it doesn't necessarily absolve you of any contractual obligations, it may prompt your employer to reconsider their position or negotiate a resolution.
Consult an Attorney: Given your situation and the potential legal consequences, it is highly advisable to consult with an employment attorney. They can review your employment contract, assess the circumstances, and provide you with advice on how to respond to the legal notice and whether you have any valid defenses.
Settlement: In some cases, it may be possible to negotiate a settlement with your former employer to resolve the matter amicably, especially if they are open to discussing a compromise that takes into account your financial situation.
Remember that labor laws and employment contracts can vary by jurisdiction, and the specifics of your case will be crucial in determining your legal rights and obligations.
Thank you.
It's important to understand that your legal rights and obligations in this situation may depend on the terms of your employment contract, the applicable labor laws in your jurisdiction, and the specific circumstances surrounding your resignation and termination. Here are some points to consider:
Notice Period: Many employment contracts require employees to provide a notice period before resigning. If you left without serving the notice period as required by your contract, your employer may have the right to claim damages or withhold a portion of your salary in lieu of the notice period.
Voluntary Absconding: If your employer terminated you with the reason of "voluntary absconding," they may be attempting to establish that you abandoned your job without notice, which could impact your entitlements under your contract and labor laws.
Legal Notice: If your employer sends you a legal notice seeking payment of one month's salary or any other claims, you should take the notice seriously. It's essential to consult with a legal professional at this point to understand the nature of the notice and your options for responding.
Defenses: Depending on the specific circumstances of your case, you may have defenses. For example, if you had a legitimate reason for resigning without serving the notice period, such as a serious personal issue, and you communicated this to your employer, it could impact their ability to claim damages.
Financial Hardship: If you are facing financial hardship and are unable to pay the claimed amount, you should communicate this to your employer in a professional and respectful manner. While it doesn't necessarily absolve you of any contractual obligations, it may prompt your employer to reconsider their position or negotiate a resolution.
Consult an Attorney: Given your situation and the potential legal consequences, it is highly advisable to consult with an employment attorney. They can review your employment contract, assess the circumstances, and provide you with advice on how to respond to the legal notice and whether you have any valid defenses.
Settlement: In some cases, it may be possible to negotiate a settlement with your former employer to resolve the matter amicably, especially if they are open to discussing a compromise that takes into account your financial situation.
Remember that labor laws and employment contracts can vary by jurisdiction, and the specifics of your case will be crucial in determining your legal rights and obligations.
Thank you.
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