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sathyan (-)     08 July 2012

Need legal advice

My son is just graduated with a B.A. in english literature. He was selected and appointed as " PROCESS EXECUTIVE- DATA" in a BPO. He just attended only two days induction class.On the second day evening he was told that he has to undergo trainig from the next day. This is only an oral information. He was given an access card with an employees number. My wife is a diabetic patient and also is suffering from B.P. She was also suffering from osteo-arthitis. On the second day when my son returned from induction class, He found her health critical. She has to be taken to the therapy centre everyday. And as I am 63 years old and also a diabetic, I cannot help my wife. She was advised medically to be on rest for three months. In these circumstances, my son decided not to join the firm and be of help to his mother. 

When the training was about to start by 11 a.m, my son informed to concerned officers about his inability to undergo the training and also join the concern. When we received an e-mail from the firm terming his absence as unauthorised absence. I sent an e-mail explaining my position.

In a letter received subsequently, He was asked to join the firm immediately otherwise it will treated as he left the services on his own volition.He sent copies of the two emails sent to the firm by registered post to prove that, his abscence was not unauthorised and his inability to join the firm.

In a recent letter received from the H.R manager he was informed that he holds rupees 16,940 worth of ( notice   period-16,440, id card-200, access card-300). My son was also warned, if he dosen't pay the amount legal proceedings will be iniciated aganist him.

In annexure-B para 9, of my son's appoinment it has been stated "At the time of formally resigning from service you shall serve the 60 days “Notice Period”.As i have only attended only the induction class and not underwent training ( not even swiped my access card once) his exit is only informal. So my son is bound to pay only rs 500( id-200, access card-300).

My son did not leave  the firm for the sake of a better job. He is at home only, helping his mother. His act is sacrificial and not illegal or unethical.

I seek the advice, the help of the legal luminaries to help my son. Your advice maybe kindly expedited.

thanking you,

v.s.sathyan



Learning

 2 Replies

Kumar Doab (FIN)     08 July 2012

A similar query is posted at the following thread:

Discussion > Business Law > Corporate > Left the company even before starting work

 

At the following link:

https://www.lawyersclubindia.com/forum/Left-the-company-even-before-starting-work-61513.asp

 

The matter may be resolved by perusing with the HR manager and resolved. While you have already supplied the documents pertaining to sickness of mother and have explained the situation, you may agree to pay Rs.500/-.The company can even waive off this amount by adopting a human approach. It shall be pertinent to mention that the waiver may be obtained in writing for future record and reference.

If the HR manager and company still decide to chase you may approach a competent and experienced service lawyer/labor consultant and arrange to submit a fitting reply. The employee has the option to approach O/o Labor commissioner if the situation arises.

KAMESWARARAO S (General Manager - HR)     09 July 2012

I respect the suggestion posted by our friend kumar doab. It is better to approach the labour commissioner and submit all the pepers and inform the situation and they will / should support but ego is one area that people are taken away by the same hence before approaching the labour or any other department better meet the HR head personally, communicate, submit a request letter and close the matter. If not then submit a representation to the labour commuissioner/ Deputy / Assistant commissioner of labour

Regards - kamesh


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