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hari (se)     03 September 2013

Serving notice in one month old company

Dear Sir,

I have joined some PVT LTD company one month back. i got one month salary as well. I got allotted PF number bank account as well. But I am planning to move some other company .I have submitted my resignation to current company.

But the Hr asking me to server 2 months notice or pay 2 months’ salary. They are saying that this notice period is default company policy. But in this company I don’t received or signed any offer letter which states about notice period and other terms & conditions. I checked with other employees, they said that offer letters issuing will take two months times in that company.

As I am not signed any offer letter and terms & conditions am I need to serve notice or pay the company? Is there any legal acts related this ?

 

Thanks,

Hari

  

 

 

 

 



Learning

 5 Replies

NRK MURTHY (Manager)     04 September 2013

Dear Hari

 

First of all you will see your offer letter issued by company  terms and conditions then only you will proceed to submit resignation.

suppose in your letter there is no two months notice condition  you will left the company orally intimated to them.

murthy- no problem

Kumar Doab (FIN)     04 September 2013

Rajat Shubro Sen (Service)     07 September 2013

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 letterand 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. 

Kumar Doab (FIN)     07 September 2013

 

Hope you shall take this post in positive spirit.

 

 

Making a choice for Employment and Employer is different from making a choice for pickles or sweets where customer is offered a piece to taste and decide before buying.

Employee should inquire from seniors, peers, employees of the company, Ex. Employees about the work culture (work hours), ranking, standing, quality, status, regularity in payouts, settlements, HR practices, training, scope to grow, conduct of seniors, HR practices, appraisal, increments etc before making a decision to join………………………

There is a compelling reason and need to inquire about such employers that insert conditions on service agreement/bond etc in job advertisement, selection letter, offer letter, appointment letter……………………………….The employee should be alert on seeing such conditions and must consult elders, lawyer/law firm before accepting the offer.

Employee should not act in haste or without consultation and thus avoid legal; traps.

Majority of the employers are inserting such conditions and are having their own battery of lawyers to advice them hence employee should also keep access to lawyer/law firm.

Employee should become member of trade unions. Support of trade unions help to become properly informed and take qualified decision……………

If the company has not provided any training that added to your special/extra ordinary skills, qualifications the company may not be justified in asking for some bond.

Did the company commit to provide anything to you/incurred heavy expenses in lieu of which it asked for bond…………………………………The liquidated damages inserted in bond are in lieu of what favor by the company?

In the absence any special favor by the company/incurring any cost it may not be justified in imposing any condition to serve for say 2 years…………………………….

Bonded labor has been abolished long back.

You have concurred to conditions laid by company in writing and have also filled, signed and submitted HR forms………………………….

If company is in the habit of making the employees work for extended hours then you could have raised an objection or asked for OT…………………….OT policy.

 

The work hours, OT hours, OT wages, Wage rates etc.  are well defined in enactments e.g;  Shops and Commercial Establishments Act....................................

 

There can be many reasons to declare employer as unworthy of being employed with and to contemplate separation.

 

If you just stop attending to office the company may issue mailers, phone calls, notices, legal notice, show cause notice, before termination on account of misconduct due to absenting, abstaining, absconding...............and claim dues from you...................

 



 

If the company issues any communication or notice in writing you may show job advertisement, interview call letter, job application, selection letter, offer letter, appointment letter, bond, show cause notices, termination letter, FNF statement and all other communications you have exchanged with company to a competent and experienced labor consultant/service lawyer specializing in such mater and give inputs in person, and proceed under expert advice of your lawyer.


You may find the attachments useful.


Attached File : 278677617 417759075 validity of employment bonds.pdf, 278677617 background paper.pdf downloaded: 76 times

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 E 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 (the company's other employee) who will say that I have joined in their company.

Am I done anything wrong ?


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