Megha 19 November 2015

Abconding from a startup while service notice for a mnc

Hi All,

I work at a MNC and while I was serving my notice period I got an offer from a startup to work onsite and I was supposed to join ASAP. The startup was employing me in INDIA and at ONSITE I was supposed to be under different consultancy payroll.

My visa was done soon and I had to travel while I was serving notice period. I explained start up that I am service notice period and can travel and work remotely to the MNC till my notice period ends.

I was supposed to return back to INDIA on my last working day at MNC and submit my laptop, get relived from MNC and return back to ONISTE.

When I went ONSITE:

I was told that there is no requirement and the company at onsite gave me 1 months notice, I served one month notice and returned back to INDIA and I was still on notice period with the MNC.

I am currently resigned and de-registered from the ONISTE employer and I returned back to INDIA.

Current Situation:

I was worried about my future and hence I took back my resignation at MNC. The startup in INDIA found a new job for me at ONSITE and they are asking me to travel. I do not want to travel and hence I am not picking up there call. There are threatening me with the messages saying that they will take a legal action on me.

I signed a contract(which was on plain A4 sheet of paper and my name was also misspelled) which stated that I need to pay some fine if termination occurred from my end. My joining location was mentioned as ONSITE location.

I want to know what legal action the startup can take against me? I never joined the startup in INDIA.

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3 Replies

Kumar Doab (FIN) 19 November 2015

You were in parallel employment during notice period.

What exactly do you mean from your 2 sttaement (that are conflicting) that:

"I never joined the startup in INDIA."

"I was told that there is no requirement and the company at onsite gave me 1 months notice...................I am currently resigned and de-registered from the ONISTE employer and I returned back to INDIA."

Megha 21 November 2015

yes i was in parallel employment during my notice period.

Startup was an indian company which handed me over to a consultancy at onsite. At Onsite I was under the payrol of a consultancy and since there was no requirement I have resigned and de-registered from the onsite payrol company. When I came INDIA, I wrote a that i want to terminate contract with the startup.

Hope this is clear, Kindly advice.

Kumar Doab (FIN) 21 November 2015

You may show the contract/appointment letter and all rules/policies etc applicable in each establishment i.e. Indian Company/Consultancy/Start up etc to an able counsel specializing in labor/service matters to make the approriate suggestions.

The counsel that has examined every document on record can advise you.