Legal Question in Employment Law in India

Hi all,

I have been working for a leading MNC for nearly two months and I am not assigned any work/role and that�s the reason why I decided to move out of the company. According to the job offer I have to serve a notice period of one month before I could get relieved from the company. Meanwhile I have received a job offer from an other company and to them, I haven't mentioned anything about my current employer. If I resign from my current company without serving the notice period nor paying then any money then in that case will I face any troubles in my future. I have decided to inform my current employer about my exit through a proper resignation, also I am not in need of any experiece letter from them. Please advice me on this.


Asked on 4/09/12, 2:07 am

1 Answer from Attorneys
Santosh Dash Legal Consultant

you have to give one month notice period or pay in lieu of that. In case you just leave without giving any notice, 2 problems u will face. 1- legal claim for the salary in lieu of notice and 2- charge against you for misaapropriation of money, document etc (may be false claim against you in case you vanish). So better to give one notice of lets say 10 days atleast so that the 2nd charge will not arise against you (since you have some time to them to make their things clear). Add a write up in the notice period that due to personal cause you are not able to serve for 1 month and request to relieve on -------(10th day). in any case you will not get relieving letter. Pl note your last 10 days salary will be adjusted towards notice in lieu of salary (and you may require to pay for the balance 20 days)

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Answered on 4/09/12, 2:16 am


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