What are the legal consequences of leaving the office without serving notice period?


You would have signed the joining letter and terms and conditions generally require you to give notice and serve the notice period before leaving. If you have not done so, you are legally bound to pay them the penalty of not serving the notice period. The clause in the employment agreement usually states ninety days’ written notice or three (3) months gross salary in lieu thereof.

So, if you are willing to pay the company should not raise any objections. Since you have resigned without service of notice period company will not issue you any relieving letter. If you have a new employer and they are okay with you not getting relieving letter, it is not much of a problem.

There is no separate law governing contracts of employment, just a contract of employment is signed by employer and employee. In this case, they may sue you for breach of contract. The clause that saves you is to pay three months salary in liue of written notice. You should send a mail to HR department and offer to pay salary of three months if you do not want any legal formalities.

They cannot do anything for the absconding part, but if you have any official document with you, submit it back to them. They would have credited your salary of the days that you have worked, so that they do not land in any legal trouble.

Reference: Indian Contract Act, 1872



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