My Full N Final Settlement

I left my job and did not served notice period. My employer is asking two months of salary from me and i am not in a condition to pay them the amount. They sent me a final letter asking the amount or they will take legal and criminal charges against me and also telling me to pay with 12% per annum interest rate.
I want to know what can they do against me. I am already doing a job. Will it impact my present job?
Is it a criminal case? Which they are referring so.
Will i be sent to jail??
What else can happen against me. And can i take 1 year time to pay the amount?
Plz plz help me.
Thanks in advance.

Hello Kumar,
Don’t get panic; refer to your employment contract regarding employment terms and notice period. You should have served notice period immediate leaving job have impact on the organization performance.
If two month is mentioned as notice period then you have to pay two month salary as notice pay. I would advise you to discuss with the HR department to find a middle path. The company will have the right to recover from you.
So better talk with them to dispose this issue.

Don't worry, as per your employment contract if you shall have to serve a notice period in case of failure to serve a notice if you shall pay the 2 month's pay then you shall, if the agreement is silent about the notice period then you are out of hook completely, and if your agreement speaks about the 2 month's pay in case of failure to serve the notice then you shall be obligated to pay so, and if your agreement only talks about notice period and does not speak about the 2month's pay then also you may need not pay any amount. Hence it depends on your agreement. And do not worry, you will never be sent to jail for not paying the 2 month's pay because you failed to serve a notice period, it's not a criminal offense, it is just the breach of contract where your employer may demand you to pay the amount or demand you to serve until your notice period is completed...........

Well, I would say, don't be panic....neither you have done any crime nor it's a criminal offense and you don;t have to go to jail but you have to pay the amount to settle the issue.
Also, you can consult with your employer and explain your situation polite way and try to solve it mutually by understanding.

Hi.
Nothing to panic, but think about moral turbtitude.
Whatever they said is correct. But one thing you are forgotton. That is you are in HR department, should be a roll model. Also it will affect your reputation with your present employer, if you are not informed about this at the time of joining.
If yourself violate the contract, how can you initiate action against the persons of your company now.
Better you pay them. Before that you meet them in person and explain the financial difficulty and ask for time.
Regards
Palaniswamy.Ram

Refer to your terms of the appointment letter. if notice period is mentioned then you will have to pay the amount. These are the possibilities of problems that may arise in future.
1. If the present employer or your future employer refer for a feed back it will be very bad and you may not be selected based on the feed back.
2. They may take it up legally.
Better meet them and talk to them and explain to them for an emergency purpose you had to leave the company services and request them to consider waiving of the amount as a special case. The comapny has got the right to waive the amount. This method will work out positively.

Dear Kumar
Don\'t worry! You are not going to face any criminal charges etc..by just leaving your job without serving any notice period. You can ask your previous employer to settle the issue by your final a/c settlement if any.
Regards
Rajesh

Dear Kumar

You should not have made the mistake of leaving the job without serving a notice period or pay in lieu thereof, if there was a stipulation in the term & conditions of your Appointment letter. However, I am giving the reply of your queries in seriatim as under:-

1. I want to know what can they do against me. I am already doing a job. Will it impact my present job?-Yes, it may affect, if your present employer makes a reference for verification of your past service, which I have my doubt.The reason for my assumption is because the present employer has probably not asked for a clearance certificate from the previous employer at the time of your joining the new company.

2. Is it a criminal case? Which they are referring so:-No, it can not be exactly termed as criminal case, but surely they can sue you for the damages for the breach of service contract.

3. Will i be sent to jail?:- No, they have no power to send you to the jail.

4, What else can happen against me. And can i take1 year time to pay the amount? ?:- I don't think they will give you time of 1 year.The best way out is to approach the previous employer and settle the issue once for all.This is the suggestion rendered by most of our senior members.

Bs Kalsi

Member since Aug 2011

Hi Kumar,
See you have not done any crime by not serving notice period, but yes you have done a mistake by not serving notice period.
however now you have already joined another company, so first thing i would suggest is communicate with your HR department. tell them that you had to leave job for some serious reason, and check with them if they can help you with any solution.
Remember Communication is the best option you ever have.

Hi ,
I will suggest It's better you pay them and take your relieving Letter to avoid any unwanted circumstances in future . Also it will not affect your current job as well .They may do a background verification check and if it is red marked your current company may ask you to leave .
So dont worry and do follow the way.
Regards
Gunjan