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Advice for resignation without serving notice period of employment


28-Sep-2023 (In Labour & Service Law)
I will resigned from my job from my current company without serving notice period.I am Probationary period. Company termination policy are "You will be on probation for the first six month of your joining the company. During this period employer can terminate the employment by giving a notice of 3 weeks while employee need to serve a notice of minimum 4 weeks. " Can company demand me in lieu of salary or money for release ? Advice me.
Answers (5)

Answer #1
128 votes

Indian law regarding resignation without notice period is clear and strict. If you leave your company without serving your notice period, you will not only harm yourself professionally, you could also face legal charges, since the employer has a contract that you read, agreed to and signed, clearly agreeing  to the terms and conditions put forth for your employment in the company.  You could face a monetary penalty for violating the contract, even if it has not been specified clearly in the contract. There are several ways to amicably part ways if you are not satisfied with working with the company. Take legal advice and see what can be the best path to follow.  If you have any query, you can connect with me now.

Advocate Siddhant Sharma

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People also ask

Is there any law against notice period?

Karnataka Karnataka S E Act 1961 section 39(1) prohibits employers from removing or dismissing an employee who had been in continuous service for at least six months. This is except in cases of reasonable cause, and unless he has given him a months notice in advance or compensation in lieu of it. 13-Aug-2022

What happens if you resign without notice?

If the person is leaving, they should reach an agreement with their employer to avoid working all or part of their notice. Someone who leaves their job without first discussing it with the employer could be in breach of contract. 12-Jul-2023

Can I resign immediately without notice period in India?

Workers in India are allowed to quit their job at any time. They are still required to give notice if their contract of employment or company policy requires it. In some cases, an employee may be required to resign immediately and without notice, for example, if there is harassment, discrimination or medical concerns.

Can I be jailed for not serving notice period?

The management may initiate legal proceedings to recover the equivalent of the notice period if you do not serve the notice period, or pay the equivalent amount in lieu thereof. If you specifically have not served your notice period, employers have no other rights against you.

  
Answer #2
516 votes
You are required to obey all terms and conditions set out in your letter of appointment and Employee's Service Regulations.If there is a provision for payment of Notice Pay in lieu of Services to be rendered during the notice period, You may opt for the same.However if there is no such provision stated in your letter of appointment and/or in the Employee's Service Regulations, you have to serve the stipulated notice period.Failure on your part to do the same would attract penal provisions in terms of referred Service Regulations.
Advocate Goutam Majumder

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Answer #3
922 votes
Need to go through your appointment letter. Apart in case you prefer not to serve notice to your employer there is a probability that the employer may hold your salary or may even hold your release letter and in many cases declare abscond if the employee do not inform at all. The main problem may arise during the course of verification as no employer want to work with such unprofessional and casual employee!
So please serve them a formal notice and make your departure a smoother process... I hope you understood!!
Advocate Pradipta Nath

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Answer #4
220 votes
Indian law regarding resignation without notice period is clear and strict. If you leave your company without serving your notice period, you will not only harm yourself professionally, you could also face legal charges, since the employer has a contract that you read, agreed to and signed, clearly agreeing  to the terms and conditions put forth for your employment in the company.  You could face a monetary penalty for violating the contract, even if it has not been specified clearly in the contract. There are several ways to amicably part ways if you are not satisfied with working with the company. Take legal advice and see what can be the best path to follow.  If you have any query, you can connect with me now.
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Advocate Chikirsha Mohanty

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Answer #5
355 votes
If you do not serve this notice period, there are several possible consequences. Legal action for breach of contract: Employment contracts often specify the notice period requirement. Failure to comply with this notice period can be viewed as a breach in contract and allow the employer to take legal actions against the departing worker.
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Advocate Chikirsha Mohanty

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Comments by Users

Sharavana D
I had been worked in automobile showroom I did not provided by offer letter, Pf and ESI facilities and now I left the job and they are telling don't make it complicate.

Reply by LawRato
If you have worked in an automobile showroom and you were not provided with an offer letter, PF (Provident Fund), and ESI (Employee State Insurance) facilities, you may be facing a violation of labour laws and your rights as an employee. You can try to communicate with your employer or the human resources department to discuss the matter and request the necessary documents and benefits that you are entitled to. If they refuse to comply or do not take appropriate action, you may consider seeking legal advice.
Consulting with a labour lawyer or approaching the labour authorities in your jurisdiction, such as the labour department or labour court, can provide you with guidance on the specific steps to take and the available legal remedies.
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