I have been working for an IT company for 4+ years and am currently abroad on an assignment. I am not on probation, but a confirmed employee. Due to lack of proper work and growth prospects, I have resigned from my company and given them 3.5 weeks notice.
According to my joining letter terms and conditions, either party needs to give 3 months notice. Exact wordings are as below:
" 7. During or at the end of period of your probation, your services may be terminated by either
party giving the other 1-month’s notice or basic salary in lieu thereof.
8. Subject to the provisions contained in clause 7, on confirmation and thereafter your
services shall be terminable by either party giving the other three-month’s notice.
Company may, however, reduce this notice period at its discretion by accepting basic
salary in lieu thereof.
I have offered to pay basic salary in lieu of the notice period which I am not willing to serve.
I have also offered to do Knowledge transfer during this period and complete all tasks assigned to me before my resignation.
But the company has rejected this offer and wants me to complete the notice period and are now threatening legal action.
They are saying that even if I leave after 3.5 weeks, they will still consider I am on their payroll and hence sue me for having dual employment.
I cannot serve full 3 months as I will lose the new opportunity in that case.
My questions are:
1) What kind of legal action can the company take against me ?
2) Can they declare me an absconder even though I have given my notice in writing (via email) ?
3) If I join the other company after 3.5 weeks, will it be actually treated as a case of having dual employment?
thanks in advance for your kind reply 30th November 2011 From United States
, Mountain View