Legal Action Against Absconding Employee In Probation Period

hi,

I joined a MNC approx 2.5 months back at particular location. Company did not assign me any project on that location and told me to take transfer to other location with which I was not comfortable. Before moving to other location, I got other offer from another company and resigned from company.

As per appointment letter, "Employment with the company can be terminated by 90 days notice in writing from either side or 90 days pay in lieu of notice, as may be determined by company"

My manager accepted my resignation, but HRs were forcing me to server 3 month notice period and were not giving notice period buy out option. I decided to join other company after serving 10 days notice. I had discussed several times with HR for early release as I was not on any assignment and would not be of any use for the previous company but they were adamant to get me server 3 month notice.

What legal action my previous company can take in this case? Can company force me to serve notice instead of notice pay out?

please suggest.

The terms of appointment leaves the descretion to the company whether to accept wages in lieu of notice and since the company is not willing to exercise the option of buy-out, you need to give three months notice(90 days).
B.Saikumar
Hr & Labour law advisor
Mumbai

Hi Saikumar,
Thanks for reply!
But I have not served 3 months notice...now what maximum cam company do against me? If company take legal action againt me..will i have to pay (basic+da) or gross salary.

You need to pay what ever you are recieving as gross salary.Since the discretion to accept notice pay is with the company, try to negotiate with them.
B.Saikumar
Mumbai