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Hi All,
I was working in an IT company in bangalore, and i left the organization without informing. Now i got a letter from company to pay for the unserved notice period along with some category called 'ex gratia'. I am not sure what this mean. I do not need any documents from the company, so the question is should i pay? I know it is my mistake to leave the company without informing but it just happened that way. No i don't want to pay such a huge amount which is more than 4 lacks. what are my options? The company is not ready to listen.
The notice period is 3 months. Do i need to pay the gross or only the Basic salary? And what about 'ExGratia'?

From India, Bangalore
Hi Kumar,
It has been discussed time and again that leaving companies without any notice/proper resignation may create trouble and also it is very unprofessional to do so....
I think the option available is both to pay or not to pay as well....
Once you pay the notice period, you get the clearance as well as all the required documents, which you are not in need of as of today....
If you don't pay, company can seek legal action against you as this clause is generally mentioned in Contract of employment of every organisation....getting into legal trouble will create more difficulties....
You can speak to the HR department and your boss and settle the matter with them in as less amount as possible...
The clause of termination/resignation generally talks about, where an employee has been required to work out a period of notice,and he did not, an ex-gratia payment equivalent to payment in lieu of that notice will be paid.
Hope it clarifies your doubts.....
regards,

From India, Delhi
Hi Archna,
Thanks for the quick response. I am still not very clear. If the ex gratia is the amount equivalent to notice period which i didn;t serve. Then what is notice period buyout. In my case company is asking for both. Notice period buyout(3 month salary) and a huge ex gratia too.

From India, Bangalore
Hello kumar_v2.0,

Instead of asking Archna or anyone in this Forum, why don't you ASK THE HR of the Company where you worked about your ex-gratia query?

You won't like this, but the fact of the matter is: maybe you brought this upon yourself/deserve what the company plans to do?

On one hand you admit 'it is my mistake to leave the company without informing' & on the other hand, your attitude is so very callous & nonchalant to mention:'but it just happened that way'?

When YOU commit/make a mistake, it's YOU who needs to pay for it--not anyone else, including the Company in this case.

You did what you did since you thought you could get away with it--if you had known earlier that the company would react in the way it did [including the scale/quantum], I bet you wouldn't have done what you did?

And much less admit your mistake 'now', since you are smart enough that none will agree with you if you were to say it wasn't a mistake?

If it were NOT for the company's notice, would you have 'even tried' to even 'dream' of what you are now saying?

The Bible says: As you sow, so you reap.

Either talk to their HR [you say they are refusing to talk] OR talk to a lawyer to fight your case legally--in the process spending time, money [who knows--could be more than the 4 lakhs that you want to avoid], effort & more importantly your attention which you ought to be showing in your current job, wherever you are working now.

Though I don't intend to frighten you, can you guarantee that the HR won't alert your current company about the situation--as 'they' see it? Can you take/handle it?

I am sorry if this hurts--but I thought you need to be told 'point-blank' the way others view what you did.

Rgds,

TS

From India, Hyderabad
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