Response

The company has a right to penalize the absconding employee. … An employer can send a legal notice to an employee for absconding subject to reasons mentioned by the employer. Legal action against absconding employee who resigns and fails to provide with the minimum period of notice could be taken. However, if you do not serve the notice period prescribed in the contract then the employer can sue you for damages on account of breach of contract and also to relieve you through full and final settlement. If you have left the organization without informing your Reporting Manager or HR then the case will be registered as ‘Abscond’ in the HR record. However, they can’t force you to join the organization. In fact after this, even no organization will show interest to take you back. There is no way that the company can force you to serve the full notice period. 2) The clause in the employment agreement usually states “ninety days’ written notice or three (3) months’ gross salary in lieu thereof”. Therefore if you are willing to pay the company should not raise any objections.If you don’t want to work your notice period, you can try and agree a shorter notice period with your employer. If an agreement can’t be reached to waive the notice period, and you refuse to work the notice period required by the employment contract, you will be in breach of contract.

Reference: Labour Law

202100982021004110730

LAWAYZ-2023-673