Absconding query

Hope you shall take this post positively.

You have not conducted yourself properly. The companies spend money on recruitment. It is a cost.

Employee should not attend interviews and collect offer letters for fun.

In your case you had duly attended the induction and signed reports and forms and appointment letter has been issued to you. You must have signed the acceptance of appointment letter and must have submitted copy of accepted appointment letter. Both the employers may accuse you of double employment. The current employer if learns may resort to penultimate action and may terminate.  

Had it been an offer letter the situation would have been somewhat different.

Notice period is part of service conditions and is stated in standing orders applicable to the establishment (certified or model) and extended to the designation of the employee, appointment letter………………..

>> Notice period is also stated in Shops and Commercial Establishments Act of the State.

Commercial Establishments in Maharashtra are covered by Bombay Shops and Commercial Establishments Act, which is so employee friendly.

66 .Notice    of  termination  of  service:

Notice period for period of service up to 3 month: NIL.

Notice period for period of service > 3 month <1Y: 14 days

Notice period for period of service >1Y: 1 month (ONLY)

>> Bombay Shops and Commercial Establishments Act is so employee friendly.

S.38-B  -  before  its  amendment  in  1986  and  Industrial  Employment (Standing Orders) Act, 1946 - Applicability even if employees are less than 100.The question decided is that the provisions of Industrial Employment (Standing Orders)  Act,  1946  in  its  application  to  the  State  of  Maharashtra  and  the  Rules and Standing Orders including Model Standing Orders mutatis mutandis apply to all establishments under Shops Act as if they were industrial establishment and that  applicability  is  not  restricted  to  establishments  in   which  100  or  more employees are employed.

Thus if your establishment employs 50 people standing orders should apply to it.

>> Notice period during probation period and after confirmation of employment is very well explained in standing orders.

The employer and establishment to which standing orders are applicable are liable to ensure faithful observance of standing orders and can b penalized for violations.

It is NIL during probation and 1 month after confirmation of employment as stated in Model Standing Orders.

Model Standing Orders:

13. Termination of employment: .--

(2)           No temporary workman whether monthly-rated, weekly-rated or piece-rated and NO Probationer………………..shall be entitled to any notice or  pay in lieu thereof if his services are terminated…………

17.           Liability of 17[employer].--The [1][employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.

You may go thru:

https://www.lawyersclubindia.com/forum/Notice-period-92146.asp#.UoooOdKAqWM

It is up to you to reply or keep silent.

If shall be better if the reply is  drafted and issued by your lawyer.

Dear Mr. Kumar,

Thanks for your reply.  Sorry it was not an Appointment Letter, but an Offer Letter. It is stated as follows :

Welcome to _______.  We are pleased to offer you the position of_______in our organization.

Point 3 states as follows :

You will be on probation for a period of three months. Based on the three monthly assessments, you will be confirmed or extended if deemed necessary, at the company's discretion. Either party can terminate this appointment within fifteen days (15) notice in probation or with thirty days (30) notice after confirmation or payment in lieu thereof. The dates and details stated in their letter with sub: Recovery of outstanding dues amounting to________ are incorrect. The Recovery letter states : You were required to serve 30 days towards notice period. Please find enclosed full and final sheet which shows the detailed calculation of the amount recoverable from you. (Calculation sheet not enclosed).

These details are all contradicting their Offer Letter.

You have mentioned that "Had it been an offer letter the situation would have been somewhat different." Can you tell me how the situation would be different, as it is an offer letter they issued me and not an appointment letter.

Notice period is also stated in Shops and Commercial Establishments Act of the State.

Commercial Establishments in Maharashtra are covered by Bombay Shops and Commercial Establishments Act, which is so employee friendly.

 66 .Notice    of  termination  of  service:

Notice period for period of service up to 3 month: NIL. (In my case I worked for just one day. So I didn't have to give them any notice, as per this Clause.)

I know I did the wrong thing by going for the Induction. Infact, I was not wanting to take up the other job, but a person from the HR pushed me to attend the Induction in the hope that I would decide to take up the job and he would get his referral commission.

How much would it cost me to get a lawyer's reply drafted out?

Awaiting your response.

The person to whom the offer is made has the discretion to accept or reject the offer.

You have been on premises of the company for 1 day.

You alone would know you were there for joining or induction meeting ( a meeting to explain further formalities to join) or you worked for 1 day and marked attendance too or not.

If you have pointed out on the date of induction that the notice period should be NIL during probation period/initial 3 months of employment and this clause of notice period of 15 days stated in offer letter

should be deleted.

And if the company did not agree to issue appointment on this condition then you have a reason to decline the offer.

The T&C of offer and appointment letter are negotiable and the unwilling party can reject.

Hope the mater stands explained.

We do not have any idea of cost or fee of lawyer.

You may have some lawyer known to you/in your social circle and in your neighborhood. You need to ask in person.