Rajat Shubro Sen (Service) 07 September 2013

Need help against pvt company

Respected Sir

I got an appointment letter from a pvt company via mail (which states that I have to serve two months notice or equivalent amount of salary if I left before 2 years and the company has the same provision within 2 years and same after 2 years, also to sign the said duplicate copy of appointment letter and to return them) and I have replied via mail that I have accepted the conditions laid down on it but not mentioned any joining date. Later I went to the office for 3 days and within these 3 days I have not signed any register, bond. I have just helped some fellow member with some documentation work(filling some documents related to paperwork only) and sent 2 sms(having some number) to their other employee But in this 3 days I have seen that it is almost 11 to 12 hrs work which is not mentioned in the appointment letter and the work culture is not suitable for me. So on 4th days I sent them a mail stating I do not want to be a part of your concern due to my personal problem.

Now the company is sending me repeated mail stating that since I have not served any notice period as per the bond signed by me(which I did not) they will take legal action if I do not pay the amount.

Please advise.

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4 Replies

Kolla Gangadhar (Practicing Advocate since 1986) 07 September 2013

Any how you have sent resignation letter as per shops and Establishment Act you see it may be 15 days notice.

Kumar Doab (FIN) 07 September 2013

Another thread with similar query is at:

https://www.lawyersclubindia.com/forum/Serving-notice-in-one-month-old-company-87882.asp#.UitKWtKAqWM

SAI KIRAN R (ADVOCATE) 08 September 2013

Have you mentioned the reason that long hours of work which is against the law as reason in your resignation. Since the management as violated law in your employment you can approach the concerned labor officer and also make a written representation to your jurisdictional labor commissioner.

Rajat Shubro Sen (Service) 09 September 2013

Actually I went there with the intention to verify the work culture physically. And before going to their office,while replying to their E-Mail having the offer letter (replied via E-mail that I have accepted the condition laid down in it) I did not mentioned the date of joining as I was not so convinced. So after going there for 3 days I found that they have long working hours(11 - 12 hrs) which was never mentioned to me. While in these 3 days I have not signed any register or bond, neither the company asked me to do so. But now they are saying that I have done by accepting the offer letters by in mail.

So on 4th day I being professional replied to them that "I don't want to be a part of your company because of my problem" so as to keep good term as per industry norms. But now the company is saying that I have to pay as per bond. But I have not signed any bond. And even not send them the offer letter signed by me (which is mentioned in the last clause).

Now they are telling me to come to their office give formal resignation and the two months salary. But when I have not joined in their company then why should I give so and even in this 3 days I have not taken any benefit from them even not taken my Post paid mobile connection.

I replied them the above line.

But they are telling that in their log book they have register me as joined from so and so date and also they have witness (their other employee) who will say that I have joined in their company.

Am I done anything wrong ?