To serve or not to serve the notice period
karthik
(Querist) 07 June 2011
This query is : Resolved
Hi,
I have recently joined a startup company,with an offer which includes an agreement that i need to serve a notice period of 3 months from the day i put my papers.
After joining the company i have noticed a lot of discrepancies in the offer.The offer also states that i accept the policies that company has which can be looked up in the intranet of the company.
Firstly there is not intranet in the company.I sent a mail out to the HR on the first day of joining inquiring about the policies, he then informed me that the policies are being formed and will receive the hard copy ASAP.Its been 2 months now but there is no news on the policies. Recently when my colleague put his papers he was informed that he will be paid the salary for the notice period of 3 months only as a part of the final settlement,On inquiring he was informed that this the company policy and every policy needn't be shared with the employee.
Kindly confirm if i am legally obligated to follow all the policies which the company creates on the fly.Also will there be any legal issues if i abruptly leave the company if the policies are unacceptable
Ajay Bansal
(Expert) 08 June 2011
Number of such type of compnies are increasing day by day and they are expoiting persons like you. I think a writ should be filed against such type of company and company law board,who is giving permition to these type of companies blindly.
Shashikant V. Patil
(Expert) 08 June 2011
There are no checks on this types Companies. They are supressing and working at their whip. If any thing is in contravention you, approach to Labour Commissioner and file a complaint. Also for any dispute file a case in Labour Court.
karthik
(Querist) 08 June 2011
Hi,
Can u please confirm if there will be legal issues if i decide to leave the company without notice under such circumstances.
Personally i feel i should not waste my time in such companies that don't follow any policy structure.The market being good i can easily find a job without showing the last 2 months experience.
kindly confirm.
Shashikant V. Patil
(Expert) 08 June 2011
Dear Karthik,
You serve the notice legally, and go ahead as what you decided. Everthing should be in black and white. Also see their reaction on your notice.
karthik
(Querist) 08 June 2011
Thanks Mr patil.
Notice period is another 3 months so if they don't provide me a graceful exit even after serving the notice period, then it will be difficult to convince the next employer about 6 months of no experience certificate.Also it will be very difficult to serve the notice period for 3 months without any pay
I don't have confidence that this emp will keep up to any of the promises.I have not signed any agreement in bond paper , all agreements are signed on a normal white sheet.
Kindly confirm if they are valid.
Thanks again
karthik
(Querist) 09 June 2011
kindly suggest......
Shashikant V. Patil
(Expert) 17 June 2011
What the hell? Notice period is 3 months are very long period. If you have not signed any valid agreement, then why to worry? You do not serve for 3 months even, you sent a notice for only one month period and get out of this company. You also do not care for salary and full and final settlement . Their motto is only to exploit you.
karthik
(Querist) 17 June 2011
@if you have not signed any valid agreement, then why to worry?
Is an agreement signed on a plain paper legally valid.
Because the offer letter clearly states that I need to give 3 months notice or pay 3 months salary.
But at time i was not told about the non payment of salary during the notice and other stuff.
On the very first day i had asked the HR for the company policies, he then informed me that the policies are getting printed and will be handed over to the employees ASAP.No one in the company knows of such policies, it comes as a surprise for every one.Since then 4-5 of the new joined have left the company without serving any notice as they feel that they have been mislead.
So can the company take any legal action on the employee for not obliging to the white paper agreement even though the employer has added new policies that adversely affects the employee
Shashikant V. Patil
(Expert) 17 June 2011
Dear Karthik,
I told you earlier, you quit this, if this Co. do not have their proper policies, can not hold a long. On a mere white paper agreement is not having weightage. They cannot take any legal action ,instead you and other employees who have left this Co. have a strong hold to file a complaint against Co. for misleadings and cheatings to the emloyees.
