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COmpany asking to pay compensation due to employee absconding
29-Oct-2023 (In Labour & Service Law)
Sir I have joined the new company but my previous company had not provided me any copy of employee agreement. But i remember that I was supposed to give a notice of 15 days, I left my salary in place of that and i sent my resignation through email after 7 days i quitted the job. Now they are demanding damage compensation of 1 lac. I was just a bidder there, this damage is not possible. I was an intern in a small company, this was my first job, I got a very good opportunity smwhr else and they wanted me to join within a week. I talked to my HR and told him that I have got a new job, what shud I do? He said To talk to my mentor if he permits but my mentor refused because of the fear of boss. I had no option other than absconding the job. Last month they sent a letter that pay a penalty of rs 75000 and come back. Now they have sent a legal notice at my home which says to pay 175000 because i have not served 2 month(15 days was written in agreement) notice which is a lie. Should i worry??
If as per your employment agreement, either of the parties, that is your employer or you, were to terminate the employment agreement or were to issue a 3 months written notice to the other party or to pay a sum equivalent to the salary of 3 months, then due to your contractual obligations, which you had accepted under the employment agreement, you are liable to pay the said amount to the company.
As far as the receipt of experience letter is concerned, the non-issuance of the same flows as a consequence of non- payment of the amount in lieu of the notice period. However, you may write to them asking for the same.
As far as the receipt of experience letter is concerned, the non-issuance of the same flows as a consequence of non- payment of the amount in lieu of the notice period. However, you may write to them asking for the same.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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