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Vivek Yash Kumar Sinha   15 September 2018

No Offer or Appointment letter given but warned to pay two months notice or legal action will be taken.

Hi,
I am in a great need of advice.
I have worked in a company for 14 months. I was asked to join company but never received any kind of job letter, offer, appointment or internship letter. They have never confirmed my position. Whenever I asked they said that I am still under training or probation and sometime as intern. I have worked very honestly whatever the work was given under the name of training though I was promised that I will be a drone pilot. They have called me even on Saturdays and Sundays. Though the office hours is 9 to 6, there is no specific time for me. They won't live me 7,8,9 and sometimes even 10or 11. But if I came little late next day my boss used to scold me. One day after working on Friday I was called early at 7:30am on Saturday. I was late as I reached office at 9. My boss asked to stay in the office and will talk to me on Monday. I stayed in the office ground floor as there was no one in the office. Later I went back home. On Monday I came on time but I was asked not enter 1st floor where I work and was asked to wait on 3rd floor as my boss will talk to me. I waited till 4:30pm feel frustrated but he didn't come. I then handed my access card to manager and said I won't come anymore to office. After few days I receive a mail from my HR as follows "Absence From Work Without Notice and Proper Hand over Process" "Dear Vivek,This is to notify that, since you have terminated your employment without any notice and proper hand over of your work and just handed over your id card to one of your colleagues, this is considered as breach of employment terms & conditions. As per your employment terms & conditions, it is required to serve minimum 2 months of notice period or if, you are unable to serve, with discretion of company; you can buy out 2 months of notice period. Since, you have not served minimum required notice, you have to pay back 2 months of your salary to the company. Failure to do so, will force company to take legal action against you.
Please respond back as earliest as possible."

To which I replied,
"Respected Madam,
This is to inform you that I have never been made aware any of the terms and conditions of the company. 
I have never been given or received any Appointment letter or Employment letter or Offer letter or Internship letter from the company till date.
I have always been kept under confusion that whether I am a Intern or trainee or considered as proper employee. 
Due to improper work schedule and working all 7 days a week without any rest even after continuous field work made my health degrade.
Thus, I assume that I don't have to serve or pay any such notice period you have mentioned.
Thank you."

I am in a safe side as am afraid that this will ruin my future as this was my first job. Am very much afraid of the term Legal action.
Please help me with your advice.
Thank you.


Learning

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