Issue with my notice period
mohan das
(Querist) 03 March 2015
This query is : Resolved
Hi,
Iam mohandas. Iam currently working in an IT company..i joined the company on 10th nov 2014 in chennai location. On joining day,i was not given any appointment letter but the company hr had me sign a bunch of documents and also took sign on the offer letter copy which i had carried. When i asked about appointment letter, the hr told me that i would be given appointment letter after 1 month of joining. I met with an accident on 4th dec 2014 and didnt go to office from then.i notified the company about my accident the same day.i recovered well by january 25th 2015.my family is based out of bangalore and my work location was chennai. After accident,i couldnt bring my family to chennai as we have a premature baby(born in dec 2014 in his 7th month) and i had to be with him as he had lot of complications.
.after serious consideration about my future ,i opted to look out for job oppprtunities in bangalore and hence informed my company that iam resigning. I have a 2 months notice period clause in my offer letter and i requested the hr team that i will pay out for my notice period amount or in worst case i would serve my notice period by doing work from home(from bangalore). The company took back the company laptop and all other company assests from me. After taking the company assests now the hr team has sent a notice to serve 2 months notice period from chennai location or legal action would be taken against me.
I spoke to hr team couple of times on the alternatives but they are reluctant that i have to serve notice period from chennai location.
I have couple of questions here.
1.i was not even given the appointment letter till now..is the company doing the right thing to force me to serve notice period from chennai location
2.what legal actions the company can take against me as iam ready to pay out for notice period or ready to serve notice period from alternate location.
3.can the company in first place deny my payout offer and force me to serve notice period
Rehards,
Mohan das
P. Venu
(Expert) 03 March 2015
Given the special circumstances detailed, the action of the company is unreasonable.
Advocate. Arunagiri
(Expert) 03 March 2015
As no appointment letter is issued, you are not bound by any conditions of the company, at the same time the company may deny your accrued salary.
mohan das
(Querist) 03 March 2015
Hi mr.venu and mr.arun,
Thank you for your advice. I have got an notice from the company to my house through registered post asking me to serve the notice period or they will proceed legally against me..what should i reply to them. Please let me know what should i reply.
Also, the hr is arguing that the terms in offer letter are same as the terms in appointment letter and i have signed the offer letter .i want to bring to your notice that the offer letter doesnt have company sign and seal but there is a clause in the offer letter that i have signed which says that i have to serve two months notice period. Please advice.
Kirti Kar Tripathi
(Expert) 03 March 2015
So for as your first point is concerned, It is not necessary to give appointment letter. Conditions of employment can be implied also. As regard serving of notice period is concerned, if there exist any service condition, it is mandatory and binding on both parties.
No company can not withhold salary. Right to claim salary and serving of notice period both are distinct things. For claiming amount for notice period, company has to file civil suit.
mohan das
(Querist) 03 March 2015
Hi mr.tripathi,
Given my condition mentioned in my first post..what would you suggest.
Do i have to mandatorly serve the notice period?
Why is the company not giving me option to buy out my notice period?
Is offer letter has the same legality as an appointment letter?
Please advice.
Regards,
Mansoor shaik
mohan das
(Querist) 03 March 2015
Please advice on all my questions.
Guest
(Expert) 03 March 2015
Your description is qute short of the basic necessary information required to reply your hypothetical questions, which you may clarify now.
At first, I suppose, you have not joined the company merely on verbal communication to you. If you did not get appointment letter, the question arises, how could you join the job?
Secondly, if you did not receive any offer letter or appointment letter, how could you know the twon months' period of resignation notice?
Thirdly, on what consideration and for what purpose or in response to what issue of the company you preferred to send an intimatimation communicating merely an intention to rsign, instead of submitting the resignation notice?
mohan das
(Querist) 03 March 2015
Hi,
I got an offer letter to which i have joined the company but i didnt get any appointment letter..
I have the offer letter in which it is written that i have to serve 2 months notice period.
I sent an mailer communication to the company stating that i intend to resign due to my family issues and i would want to payout the notice period or serve the notice period from bangalore location instead of chennai location
Guest
(Expert) 03 March 2015
Offer letter, in itself is offer cum appointment letter. That can be your best guide to follow during your service, i.e., whether you are required to give resignation notice or to pay notice period pay. Your intention cannot be treated as resignation notice, You have to give a clear 2 months notice for resignation.
Further, it is only your offer of appointment, where it would have been mentioned whether the employee has to send resignation notice through his office of work or from anywhere else. Normally resignation is sent through his superiors under whom he works. If in the offer of appointment there is no such condition for your resignation to be sent through your office superiors, you may directly submit your resignation notice from the place where you are presently residing and wait for the response of the management.
So, when you have not taken any action as per the offer of appointment on which any problem would have been caused, your questions become irrelevant and premature to ask for any remedy from the experts for the events, which have not yet occured.
Ask questions only when you get any problem from the management, instead of putting hypothetical questions merely on presumption basis.
malipeddi jaggarao
(Expert) 03 March 2015
1. The moment you have accepted the offer letter, the main ingredients of contract - 1) Promise 2) Offer 3) acceptance - are fulfilled. It is as good as appointment letter.
2. What is the actual verbatim of intimating your resignation.
3. Is there any contract period, penalties for premature cease of employment mentioned in the offer letter?
4. What are all the papers you have signed?
5. Have you mentioned about your responsibility of taking care of new born baby in your resignation letter?
As regards the action that would be contemplated by the company will be based on the papers you have signed and the contract if any that exists.
You can again write a clear letter to the company covering the following points:
1. The company has not given any appointment letter.
2. You met with an accident within one month of joining and the same was intimated to the company.
3. Though you are discharged from hospital, you require continuous care by family members.
4. In the meanwhile you are facing a new problem - to take care of pre-maturely born baby at Bangalore. Your personal presence is required to take care of the baby's fragile health conditions.
5. You are ready to work from home from Bangalore for some time until the problems are settled.
6. If the company will not agree for your proposal, you are ready to pay the equal amount of two months notice period on hearing from the company. If they accept, you pay the amount and get rid of the problem. If they do not accept you have two options i) join back in Chennai ii) ignore their call and fight back. For fighting back. Since you are not indisposed (as your stint is a brief period) they may accept the amount and agree for relieving you.
Even otherwise, you have good ground to contest the case if filed against you by the company - i) No appointment ii) your accident iii) pre-maturely born baby.
T. Kalaiselvan, Advocate
(Expert) 05 March 2015
I go with the views and suggestion made by expert Mr. Malipeddi Jagga Rao, nothing more to add to the detailed suggestions.
Kirti Kar Tripathi
(Expert) 07 March 2015
Dear MOhan,
In pursuance of said offer, you joined the organisation, Thus conditions of employment fulfilled and contract is complete. If there exist any condition in letter of offer, the same is binding. If company is not accepting your notice period, you have a right yo break the same and company can not claim any compensation
