Legal action can be taken by IT Company in India bangalore in case Employee does not complete notice period.?

Question

I have resigned my job & relocated in maharashtra now. But my Previous employer was not agree to relive me. Though I am willing to agree to pay rest of the notice period , employer was not agree to do that. I left my job without paying/serving any notice period. Can that employer go for legal action. I am agree to pay/buy that notice period but employer is not agree. What can I do in this case. Emloyer told me to server that notice period. It is not possible to me. second option is to buy notice period but employer is not agree for that. What can I do in this situation.

Answer 1

Don't worry you have a very strong case if you are ready to pay for the notice period. This case won't go to court as no employer is going to spend money for recovery of one month's salary of the employee & spend three times for that recovery. Just send a reply in writing through registered post to your employer stating clearly that you are unable to continue the one months notice period job with him & are prepared to pay the months salary as a compensation for that period. You can even attach one month’s salary through bank draft along with this reply. On receipt of this reply & the one month’s salary amount, the employer will be left with no option to just relieve you. Under no law of the country he can force you to serve the notice period if you are prepared to buy that one month’s notice period & pay him the amount.

Answer 2

In this case the terms and condition mentioned in your employment agreement are important. If it is written that you have to pay one month's salary in lieu of serving the notice period then you can do it. But in the absence o fit you may be required to serve the notice period. However, if you can prove that circumstances are like that which restricts you from serving the notice period then also you can go without serving the notice period.