left job on probation period
satyam
(Querist) 26 July 2017
This query is : Resolved
Dear all,
I started working in a company and i left the job after a month and i told them that i am suffering from fever so m unable to join and after 6 days i resigned through mail but they didn't replied..and at the time of joining they took a blank cheque from me as a security. And i was on probation period.
And their terms for probation period are: You will be on probation period for 6 months and your services are liable to be terminated by either side without assigning any reason and/or without any notice or without any payment in lieu of notice.
(According to my offer letter)
Now they put cheque on bank for recovery and they are saying you are absconded that's why we are recovering the amount.
Now what should i do even i have resigned after a week from the day i stopped going to office. Currently i have stopped their cheque. Is it possible that they may take any legal action against me?
satyam
(Querist) 26 July 2017
Please help me ..what should i do in this case
Kumar Doab
(Expert) 26 July 2017
Saying, telling, asking, said, asked, told are all verbal modes of communication.
Has the employer or its attorney's in Line Management/HR/Admin/personnel/Legal cells ........communicated anything in writing on recovery?
Has the employer communicated anything in writing on alleged abscondment/attainment/absenting?
To whom you have been communicating; Line Management/HR/Admin/personnel/Legal cell or good offices of appointing authority/MD/CEO/President?Chairman/Chairperson...............or Owner?
Kumar Doab
(Expert) 26 July 2017
Employee should have basic common sense to not to join establishment that demands for advance cheque from employee for NO liability......!
Did employer ask for said cheque more so security cheque................in writing?
Did it issue any acknowledgment of the cheque?
Have you communicated to employer asking it not to present the cheque?
Did you consult elders of the family, competent and experienced well wishers, your employee's/ trade union leaders, your own local senior counsel of unshakable repute and integrity specializing in labor/service matters before joining, handing over the cheque, and before stopping the payment....................?
Kumar Doab
(Expert) 26 July 2017
Since you have submitted resignation by email you might be having its copy, POD/read receipt..............
If employee has resigned he/she has absconded/abstained/absented..
Resigning is not misconduct.
Falling sick is not misconduct.
Hope you have submitted information of sickness and have its proof/evidence...........Submit leave application even if by email and attach copy of Dr's Rx/Medical Certificate.......etc
Did yo sign any Bond/service agreement?
Did company provide any Training from some certified Instt. that would add to qualification or some extra ordinary skill?
Kumar Doab
(Expert) 26 July 2017
The employer by its own volition has inserted in offer/appointment letter that during probation period there shall be NO notice period and notice pay in lieu of notice period.......
Did employer decline to accept sick leave?
It is not clear against what liability employer is claiming recovery?
On the contrary you may as per exact facts of the matter that you alone would know ............ and also that you have never caused any loss, left any work pending, NO stinker/memo/SCN was lodged against you etc etc
You may demand to supply you the cheque back to you along with acknowledgment of sick leave intimation and application and its approval, acknowledgment and approval of resignation, salary slip of 1st month along with its payment,salary slip of 2nd month along with its payment, correct FnF statement showing computation of earned wages/leave encashment/ and if any bonus/OT/reimbursement/incentive etc etc and final amount payable to you (employee), FnF dues as per correct FnF statement, PF number and a/c slips, ESIC card, service certificate, relieving letter, NOC/NDC etc etc .........
Kumar Doab
(Expert) 26 July 2017
While posting such queries employee should post basic information!
What is this establishment; Commercial, Industrial?
What is its nature of business say; IT, ITeS?
How many persons are employed in it?
What is your designation and nature of duties?
How many persons report to you?
Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?
You are in which state? Since how many months you are working?
Do standing orders (model/certified) apply to establishment and your designation?
What is notice period as per appointment letter/offer letter and what was notice period tendered by you?
Was ever any stinker, memo, show cause notice on any misconduct issued to you?
Are you a member of employee’s/trade unions?
Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?
Rajendra K Goyal
(Expert) 26 July 2017
Have they filed the cheque bouncing case against you?
If receive any notice, reply the same through your lawyer.
satyam
(Querist) 27 July 2017
They didn't filed any case yet..they said come to office with your medical reports within a week and they communicated through phone and said we are recovering because you left the job without one month notice. But in my offer it is clearly mentioned that you have to serve one month intimation notice only when you get writing confirmation of services and i was on probation period and i worked there for a month only..And i didn't gave any loss to company even due to my extra qualities they didn't gave me any training as well and it is an stock exchange advisory company in madhya pradesh. And if i talk about that cheque they didn't gave me acknowledgement and said we r not going to provide salary without that cheque
P. Venu
(Expert) 27 July 2017
The recovery, if tried to be effected, is unfair. If any case is filed against the dishonoured cheque, it could be met on merits.
Kumar Doab
(Expert) 27 July 2017
Don't go for employment where employer say; 'Give Cheque take employment'..............
It is believed that while in employment you have not committed any irregularity, loss and if false charge is levied then you can establish it.
If you don't have then collect such evidence.
You have not replied to all points, pointwise.
Kumar Doab
(Expert) 27 July 2017
The ID Act does not lay down notice period/pay for employee.
MP Shops & Estbs Act;58; Notice of Dismissal; does not lay down notice period for employee. It rather presses notice period/pay for employer and it is 30 days for service period of 3 months or more..............
