Warning letter by employer mentioning absence from work

Dear Client,

You have already served your 2‑month notice period and offered to pay for 1 month in lieu, and an employee cannot be forced to continue working beyond their agreed last working day, so your company can no longer compel you to stay; however, they can send internal warning letters or, if they believe you breached the contract, issue a legal notice seeking damages or deductions related to the notice‑period buyout clause, but they cannot actually stop you from leaving once the contractual or statutory notice is over. What you should do now is: continue to work up to your last working day, submit all company assets formally (with a signed handover note or email), obtain your relieving letter and full‑and‑final settlement, and if the company later threatens or withholds dues, you can raise a written grievance to HR and, if needed, file a complaint before the labour‑office or civil court for wrongful deductions.

I hope this helps and if you have any further issues do not hesitate to contact us.

Dear Client,
On the right to resign, the Supreme Court of India has categorically stated in the case of Sanjay Jain v. National Aviation Co. of India Ltd. ((2019) 14 SCC 492) that each employee has the right to resign and that no employee can be compelled to work for any period of time without a specific provision in the Rules or Terms of Appointment or if there are pending disciplinary proceedings against the employee that are designed to be avoided by resigning from their position. Your resignation is legally effective once it is given to an employer and includes the date you will cease working for him/her.

Your employment contract specified that your required notice period was two months. You provided two months of full service, and offered to pay for the remaining month. Some employers offer a buyout clause, wherein under certain circumstances, the employee may choose to pay an amount equal to one month's salary to the employer (as outlined in the employee's contract), you would be legally entitled to one if your contract included a buy out clause. However, if such a clause does not exist, and you are required to provide two months' notice or you are denied any rights if your employer refuses to provide it's two months' notice to you. In the event that the provisions of your notice period are so long (or reasons for the provisions would prevent you from taking a new job), an employer is often NOT afforded protection under the law, as long as the period of notice is reasonable and appropriate, (generally 30 -90 days depending upon the position).

With respect to the warning letters you may receive during your notice period, they are often used as psychological pressure tactics; however, having returned all property of the company to them, there is little legal recourse available against you, if you have already given a substantial amount of time as notice.Do not ignore them respond in writing to each warning letter through your advocate, stating clearly that your resignation was duly tendered, notice was served, assets were returned, and your last working day has been communicated. This creates a paper trail protecting you from any claim of abandonment or wrongful exit. The company cannot prevent you from leaving by sending warning letters alone their only real legal recourse would be a civil suit for damages for breach of contract, which rarely succeeds where the employee has substantially complied.
If your notice period (or the reasons for your prolonged notice) would prevent you from taking a new job, many states do NOT provide employers with protection by law. They do, though provide SOME protection from excessive notice periods about providing enough time for the employee and employer to be ready for the transition to a new job. Most states provide 30 to 90 days notice for employees depending on their position, generally.

If you receive any warning letters during your notice period, this letter is simply used as psychological persuasion. If you have been back and returned any company property to them, then there will not be much you or they can do in the court system against each other, if you have given the company a sufficient amount of notice.

I hope this helps, and if you have any further issues, do not hesitate to contact us.