Resignation wihout notice period
2 weeks ago
I left my previous company without serving notice period and sent resignation mail that due to my family health issues I've resigned. Now they are saying that they will take legal action
A.Dear client, in your contract if there is notice period clause, then it is mandatory to serve the notice period. If you haven't served the notice period then it'll amount to breach of contract which is illegal.
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A.Dear Client
You need to be very careful on this as not serving the notice period will amount to breach of contract and for that the employer will have certain rights to take legal action against you.
The other bigger problem would be that if you join any other company without taking a release letter from this company then there can be a situation of dual employment and you need to be very careful about it.
You need to be very careful on this as not serving the notice period will amount to breach of contract and for that the employer will have certain rights to take legal action against you.
The other bigger problem would be that if you join any other company without taking a release letter from this company then there can be a situation of dual employment and you need to be very careful about it.
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A.Dear sir
If you are not in need of reliving letter and experience letter you need not bother about. Your previous employer cannot take any action against you.
If you are not in need of reliving letter and experience letter you need not bother about. Your previous employer cannot take any action against you.
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A.Dear Client,
A resignation without complying with the terms of employment i.e, service of notice period may liable an employee to face legal consequences for breach of terms of the contract. An employer can initiate a civil suit against the employee claiming damages caused by the said breach of contract. However, even if the action is taken by the employer that can be challenged by invoking Section 27 of the Indian Contract Act, 1872 which prohibits any agreement/contract in restraint of trade and profession. The law states that an agreement or contract of employment will be illegal only if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. In the case where the employer can prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. Further, Section 73 of the Contract Act, 1872 makes provision for unliquidated damages. Section 74 of the Act deals with liquidated damages and no compensation is attracted for mere breach of contract u/s.73. or 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party employer. So, if so happens, reach out to an Advocate experienced in service matters to defend the suit in the Court in the right way. Feel free to contact our legal team to navigate the issue in the right way.
A resignation without complying with the terms of employment i.e, service of notice period may liable an employee to face legal consequences for breach of terms of the contract. An employer can initiate a civil suit against the employee claiming damages caused by the said breach of contract. However, even if the action is taken by the employer that can be challenged by invoking Section 27 of the Indian Contract Act, 1872 which prohibits any agreement/contract in restraint of trade and profession. The law states that an agreement or contract of employment will be illegal only if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. In the case where the employer can prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. Further, Section 73 of the Contract Act, 1872 makes provision for unliquidated damages. Section 74 of the Act deals with liquidated damages and no compensation is attracted for mere breach of contract u/s.73. or 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party employer. So, if so happens, reach out to an Advocate experienced in service matters to defend the suit in the Court in the right way. Feel free to contact our legal team to navigate the issue in the right way.
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