Absconding employee


Hi, I've recently joined a company which I got placed through my college.From the day of joining I had nothing to do except sitting idle.Its been 12 days now and i didn't even get a ID card from the company.After joining the company i got a better offer from one of the best companies.So I decided to leave the company and informed HR when she called me to know the reason for my absence.She then says that I can't do it,and she's gonna take a legal action on me.In the offer letter its mentioned that if I leave the organization in the probation period I'll have to serve the notice period of two months.So could any one let me know what legal actions can a company take if an employee who has not even been with the company for a period one month .I being a fresher I'm little scared about my future.Please suggest me.
 
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FIN

Record all threats!

If you have been recruited then it is because you were found suitable and pased the test of interviews.

You have also labored by submitting the job application, and spending to attend interviews………….Has the company refunded the expense incurred in interviews?

It is expected that the employee shall be assigned tasks and learn.

You were to be provided with selection letter in interview, offer letter before selection,appointment letter upon joining,ID card, forms pertaining to PF/ESIC/Group Insurance/Mediclaim etc , and salary has to be paid on fixed day e.g. 30th of the same month/7th of the next month.

The notice period of 60 days inserted by employer in offer letter need not necessarily be applicable to you……………………………and employer has to make the payment of all the days you have attended the office (generate proof)…………………..

You have the right to ask the HR that what is this establishment, registered as; Commercial , Industrial, and cluaes in offer leter are inserted as per which clauses of the enactments applicable to establishment?

How many persons are employed in it?

Which standing Orders apply to ti: Certified/Model? YOU can ask to supply the certified copy of standing orders………………..even if against a reasonable cost say Rs.10/----

If it is a Commercial Establishment then you may look into (Name of the state) Shops and Commercial Establishments Act and clause on termination………………………the notice period for 13days of service is NIL…………………..you may also look into Model Standing Orders;sec13-18:::::the notice period during probation period is NIL…………………..and employer personally is held responsible for faithful observance of standing orders…………………

 

As a responsible employee you should submit some reasonable notice of resignation say ……..3 days and then final resignation too (by email followed by nletter thru Redg Post) mentioning that NO ID card/appointment letter,duty,task has been assigned to you and you have been made to sit in offcie on each day from dated…….to dated……………from time ……..to ……and you are unable to continue and tender notice/resignation……………………and the acknowledgment & acceptance of notice/resignation, FnF statement shwoing computation of earned wages/leave encashment, salary slip, PF number with a/c slips,Form16,NOC/NDC,service certificate,releiving letter be supplied to you by Redg. Post within expiry of notice period tendered by you/LWD…………………and that NO tasks/assets were ever asigned to you and NO tasks/assets are pending at your end and to whom you should handover the charge within and upto LWD against proper acknowledgment on the spot.

In case of any difficulty you may approach the elders of the family and with them Employee’s/Trade Unions/o/o Labor commissioner……………………..

 
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