The Legal actions against employee who abscond in notice period
In India, as far as the notice period is concerned as per the Industrial Act an employee has a right to resign from the job at any time.
A legal action a company can take only in case that due to employee’s resignation and the employee is absconding has led to an extra ordinary loss to the company. If such loss is caused then the company will approach the civil court. As absconding means breach of contract.
It will be better to go through the terms and conditions mentioned in the employment agreement. As you may have a clause to buy back your notice period. If you are in such need to leave the job then buy back your notice period.
If an employee has taken away valuable belongings of a company then a company can file a criminal case as well as per S.379, S.419, S.420 of IPC.
If it is an IT company then they are very strict with the background check of an employee. So if you will join a new company then they will definitely outsource the background check to their appointed company . During background check they will call all your previous employer’s HR department for cross verification.
This will lead to black listing. Even any kind of pending suit in civil or criminal court will tarnish your image in your industry. Especially IT companies are very strict and the reason is they all are Multinational companies and hence the Holding company is foreign company. The employment policies are very stringent in west.
It is always better to serve the notice period or else buy back the notice period if you want to continue as a employee in some other company or if you are going to have your startup then you can take your own decision and fight the pending suits as filed by your previous employer.
A legal action a company can take only in case that due to employee’s resignation and the employee is absconding has led to an extra ordinary loss to the company. If such loss is caused then the company will approach the civil court. As absconding means breach of contract.
It will be better to go through the terms and conditions mentioned in the employment agreement. As you may have a clause to buy back your notice period. If you are in such need to leave the job then buy back your notice period.
If an employee has taken away valuable belongings of a company then a company can file a criminal case as well as per S.379, S.419, S.420 of IPC.
If it is an IT company then they are very strict with the background check of an employee. So if you will join a new company then they will definitely outsource the background check to their appointed company . During background check they will call all your previous employer’s HR department for cross verification.
This will lead to black listing. Even any kind of pending suit in civil or criminal court will tarnish your image in your industry. Especially IT companies are very strict and the reason is they all are Multinational companies and hence the Holding company is foreign company. The employment policies are very stringent in west.
It is always better to serve the notice period or else buy back the notice period if you want to continue as a employee in some other company or if you are going to have your startup then you can take your own decision and fight the pending suits as filed by your previous employer.
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