Mariya Rajput would never have imagined that failure to serve the notice period would cost her Rs 5 lakh. Yes, Rajput was ordered by a local Ahmedabad court to pay her employer Rs 5 lakh to cover for the damage she caused for not giving prior notice before quitting the job.
Rajput had been appointed as trainee associate (finance) at Jensen Kobain Solutions in February 2021. She was on probation for six months following which she was given a letter confirming her appointment. Her employment contract mentioned that if she wished to quit, she would have to submit a resignation, in writing, 30 days before her last working day. That means, she was supposed to serve a notice period of a month before leaving the job.
However, Rajput failed to comply with this condition and her absence from work led to the company filing a case of breach of contract. The company stated that Rajput’s absence had not only resulted in financial loss for the company but had also tarnished its reputation.
The employer also maintained that Rajput was in the habit of staying absent without informing anyone or seeking leave during her association with the firm. She was an irregular employee and the company had issued an absconding notice to her in November of 2022. Rajput responded by e-mailing her resignation, following which the company informed her that as per her contract, she was supposed to serve a 30-day notice period. However, Rajput chose to stay away from work. That is when Jensen Kobain Solutions decided to take the legal route and sent her a notice demanding that she pay Rs 5 lakh for breach of contract. Rajput ignored the notice too, which forced the company to file a suit. She will now end up paying her employer much more than what she probably earned as salary.
24 Comments
Was it considered order or exparte order?
To be honest and fair, we work in a day and and age where companies are asking for 90 day notice period or equivalent gross pay in lieu of that. I personally believe that a 30 day notice is decent and in lieu of that 1 month’s gross pay, waving off that pay should be completely up to the employer. However, in this case, the company states that the employee was irregular which makes it seem that the performance was sub par at best. An employee that the company is anyway not happy with and would consider firing, why make them serve notice period unless the company has malicious intent ?
Must be a cooked up story no proper details of case no or court
Sir my notice period is 2 month then my 1 month complete. The say my 1 month salary not give me. And Hr say notice period salary not give him. please help me sir..
They should give salary for the notice period too. No one will work for free. U can lodge a complaint. For last month, they will give after final settlement. So u misunderstood them may be. After clearing everything they will give the final salary.
You will get all your pending dues after completing resignation. Last working day+45 days.
Kushal, if your notice period of 2 months, you will get 2 months of salary.
If the company is not paying you can file a cse against the comapny
Hello Khushal,
Most cases they withhold the salary of last month to process it during the full and final settlement.
You will be getting it post your exit from the company and they will process your paid leaves as well.
Go and file a law suit
Which court? Date and judgement number? I want to confirm.
There should be 0 notice period . The above mentioned statement might be false
Details please like which court , date and judgement number?
Case No, date and court pls
My previous employer not give me 10 days earned leave amount. When asked about this they told me that our policy is not giving the same. However I’ve not received any such kind of police when I was in the firm.
I doubt it’s concluded here after this court notice … She can also reply and end up nowhere
In Private firms
In most of cases only employee will suffer not employer.
And does the company pay up the due salary when the 60 or 90 days are over after notice period. Never!! They come up with various excuses. So what about that??
This story doesn’t seem true. Seems more like an article written by a company to scare employees into serving notice period.
This is fake news court can not give such judgement in India as In India, the notice period for employees is governed by the Industrial Disputes Act of 1947, the Indian Contract Act of 1872, and the Industrial Employment Standing Orders of 1946.
She was just a trainee. How can a trainee cause so much loss? On top of it what about those times when employer terminates their employees without paying them their compensation? Unfair decision.
I think it’s a exparty order , not final order we can apply in labour court only employee have to pay what they have expenses on employees, no company have right to hold any employee
Relax guys, judge must have got some money or there must be some training period cost incurred by employer. This will slashed in High court if no traijing costs are involved.
This is an ex parte order. Rajput didnt appear in court and court was forced to pass this order by listening to just 1 side. Lol. Misleading post.
You should be careful with these things. That company actually might be small and it’s a way for them to make money.
But notice period is meant to be serve