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anonymousxyz (tamilnadu)     07 July 2012

Left the company even before starting work

hi,
I joined a bpo company hoping that i would stay there for a long time. But unfortunately due to a family emergence i had to leave the job.

the thing is,after getting selected i only attended the induction classes for the first two days only. and on the the third day i am supposed to report to work, but i didnt because of my family emergencie. so technically i did not work at all nor did i undergo any type of training. i just attended the induction class along with many people belonging to different departments. I did not do any official work at all.
Because of my family problem reason
i left the job [which i didnt even start to work] and am not planning to serve the notice period of two months.


And now the company wants me to pay the notice period money to them.

my question is,

what will happen if I dont pay the notice period amount?
Edit/Delete Message


 



Learning

 7 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     07 July 2012

Have you signed any bond or agreement with the company?????

Has the Company issued any notice to you asking for money????

You may call on 9324538481 for further assistance.

Regards,

anonymousxyz (tamilnadu)     07 July 2012

"a. The retirement age of the Company is 58 years. At the time
of formally resigning from service you shall serve the 60 days
“Notice Period”.
b. When you formally resign from the service of the Company,
the Company may, at its discretion, permit you to
i. Adjust the vacation accumulated toward part of the
notice period.
ii. Pay up for the notice period in lieu there of on your Annual
Gross Compensation.
c. If your services are terminated by the Company due to misdemeanor,
unsatisfactory performance or any other disciplinary
matter, the Company will pay your salary for the Notice Period
starting from the date on which Company informs you of such
matter. If the termination of services is for reasons mentioned
in 1 (a) above, no salary is payable for the Notice Period."

 

this annexure came in my e-mail.

no,I haven't signed any "bond" stating that i have to work for a certain period of time.

yes, the company has issued a notice that i have to pay rsxxx within five.

 

is it possible for them to leave the matter alone. I dont need a releaving letter or anything, nor do i care about bad rep,

as i am not planning to go to work any time soon.

 

also, i have already sent them several e-mails and letters stating my reason for not joining. They just don't

seem to care at all.

Kumar Doab (FIN)     07 July 2012

All terms and conditions in appointment letter are applicable. All additional terms and conditions change in service conditions are to be accepted by employee in writing. All accepted terms and conditions and become part of the employment contract.

All terms and conditions which are lawful can be enforced by employer.

Was this email sent to you after you have been issued appointment letter and did you accept the appointment letter and terms and conditions by email in writing?

If no appointment letter was issued and accepted by you, since you have not drawn any salary employer may find it difficult to claim appointment was accepted without order of appointment.

Your appointment letter issued to you describes you as trainee or on probation. It is felt that notice period is not applicable to trainee. You may refer to SE act applicable to your state for notice period.

Did you sign any induction report and did you mark attendance?

You may settle the matter with your appointing authority,HR, explain your situation, and convince them to relieve you after waiving the notice pay. You may show all documents to a competent and experienced service lawyer/labor consultant and submit a structured reply to the email sent to you.

 

 

V. VASUDEVAN (LEGAL COUNSEL)     07 July 2012

In this instant case, you need not give any notice period. You can write to the HR Manager, explaning the family reasons. At the best the notice period for probation could be 15 days and having left post a few days. there may not any dues adjustable against your pay. However, my personal views are that an employers invest quite a time and money in recruiting, inducting and probationing an employee and quitting post this process reflects an unstable personality. Take care of yourself and take a conscious decision before joining an organization

Vasudevan

anonymousxyz (tamilnadu)     08 July 2012

since i havent even started work nor have i drawn any salary from them  , can I argue that I dont have to pay the notice period money. Because you pay the penalty money for the work which you havent done, since I havent even begun working, this penalty is not applicable to me. because I am just a trainee not a permanent employee.

anonymousxyz (tamilnadu)     08 July 2012

can i argue like this?
the above stated rules are applicable to permanent employees only. since i was selected as a trainee, under probation the above rules are not applicable.
I wasn't even a permanent employee.


 

Kumar Doab (FIN)     08 July 2012

Mr. Vasudevan has given valuable advice. Kindly follow it.

If the employee does not join all the hardships and funds invested go for a toss.

It is evident that you do not want to pay and that employer does not want to spare.

You may apply persuasion, persistence, reasoning, negotiation skills and resolve the matter in your favor, in writing, as company may retain your personnel file and may chase you and at any point a reference check may come to haunt you.

Company may recruit a candidate as trainee as per standing orders of the company or as per Apprentice Act.

In case of a trainee company may state in appointment letter the period of training.

Company may employ a candidate against paramagnet post and may mention probation period. Company may mention notice period applicable during period of probation. Company may mention candidate shall be on training for period of ………..days and after successful completion of training on probation for period of………..days and after successful completion of probation may be confirmed in writing.

 


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