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kumar (na)     08 April 2011

Leaving a company without serving notice

 

Hi,

I have joined a small IT company on a promised opportunity, project and job descripttion. But things didn't go right from the start from the opportunity they promised before joining, salary change after joining to exploitation in the name of cost-cutting.  I am disappointed from the start but they asked me to wait for some time and I did for 1 month but nothing has changed.

I still didn't receive/sign the appointment letter with employment agreement till date. But I have signed a single page print out that talks about notice period. I want to resign now. I am ready to pay the basic pay for the notice period if required but When I told my employer about my resignation he is trying to threaten me with absconding and police complaint. Please help me how to handle the scenario.

Thanks in advance.



Learning

 5 Replies

adv.Gajanan (law officer)     08 April 2011

Dear friend,

As per my knowledge if you are not receiv any appointment letter with agreement from employer it means that till you are not employee and the rules are not applicable to you.So dont worry about the singale page signature regarding notice period,You leav your organisation without any notice.All rules applicable to confirmed employee only.

Kumar Doab (FIN)     08 April 2011

The single page you have signed might be a communication given to you before appointing you, or it may be offer letter, handed over to you for acceptance and subsequent appointment and induction by the company.

It shall be appropriate if you post this letter to forum.You may erase the names etc.Or you may show it to your lawyer/law firm.Learned Mr. Gajanan has given valuable suggestions to your query.You may not worry.

The terms and conditions of seperation by resignation/termination etc and notice/notice pay etc are described in contract of appointment. You have not received any appointment letter.

It is believed promises made to you before joining were verbal.You have mentioned about exploitation.

Did you receive the salary for 1 month you have worked and salary slip.

You have mentioned about threats.

Do you sign in register while entering and leaving office premises .Do you mark your attendance.

If you have any company property assigned to you and if you have signed rceipt,you should return it and obtain receipt under seal and signature.

There are lots of similar and worse incidences published in the  sector you have been working.

Be careful and smart in future.

kumar (na)     08 April 2011

Thanks a lot Gajanan and Kumar for your valuable advice. Finally they have agreed to relieve me after a long argument. I will not do the same mistake again.

Kumar Doab (FIN)     08 April 2011

Do not forget to collect the salry for whch you have worked and relieving letter.

After getting you shall be relaxed.

siba prasad mishra (Manager)     30 April 2012

Dear Sir,

my quary is that what is the process of applying BOCW  in odisha Jagtsingpur dist.


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