Kiran (CSO) 19 August 2014

Termination of employment

Hi,
I recently joined a BPO for a domestic local process.They asked me to sign few forms which did not include any bond or agreement that if i resign without informal,I will be under fine or anything.I had applied to higher studies as well but i wasnt sure i would get accepted.Now i got an offer letter so i told my manager on the joining date itself that i will be resigning.He agreed and i wasnt informed about my employee id being generated or any such.
Now they sent me a resignation letter claiming that they have sent me email to which i havent responded.It is false because i havent received any emails from them or any calls.
I have been absent for about a month but i believed that my manager would've informed the HR or others.
They say"Since you have not been reporting for duty inspite of mailing you the warning letters,at the last updated address on our records,you have committed a breach of the terms of your appointment.We regret to inform you that for the aforesaid reason,your name has been struck off the muster rolls with immediate effect.
It is essential that you report to the undersigned at M****s within 7 days of the date of this letter to complete termination formalities by paying 15days notice period as per terms of your employment plus the amount which the Company has borne in your absence whether directly or indirectly ,failing which the company is free to take such action as may deemed fit by the company."

Since i had already informed earlier and they agreed to it.I was under the impression that my resignation has been accepted.I didnt receive any calls or information about my employee id or requirement at the company.So am i still supposed to serve notice period & pay them??

I cant pay nor join due to my entrance exams coming soon.What shall i do?
Since i wasnt under any bond,Can i ignore this or will i be have to bear the punishment served by the company?
Please help me :(.
Regards,
Kiran.

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1 Replies

Kumar Doab (FIN) 20 August 2014

As posted on your other thread at:

https://www.lawyersclubindia.com/forum/Resignation-and-not-serving-the-notice-period-107588.asp#.U_SXj8WSwb8

Employee should always conduct properly and carefully.

1. You seem to have submitted some HR forms e.g. employment application,PF,ESIC, Gratuity,…………………. Etc. You erred by not keeping copies. Always keep copies. You are sure that you have not signed any service agreement, Bond etc.

2. Was any offer letter citing some T&C issued to you? Did the company issue any appointment letter too? Offer letter, and appointment letter are two different documents. Is it stated in offer letter, appointment letter that employee shall have to tender notice period or notice pay in lieu of notice period and also if any liquidated damages has to be paid if candidate does not join duty on joining date?

If NO such document or no such condition is levied you are not liable to tender any amount claimed by the company.

3. You did not join duties on joining date. Did you inform the company in writing? If yes you may issue reply to the letter of the company refuting allegation e.g. that some mails/letters were ever sent to you………………..and demands of the monies. If NO then too you may claim that you had visited the office and properly informed Mr/Ms……………..designation………….on dated……………..in person. Let your reply be drafted by elders of the family and your lawyer. The company has declared you absconding/absenting/abstaining and has claimed damages from you. The document it has sent to you must be Termination letter and not resignation letter.

If you want to visit the company before that supply the reply by letter thru redg. post.

If you are asked to fill some exit forms then let your elders/lawyer advice you and you should keep copies.

4. The point is that whether the notice period and notice pay in lieu of notice period is really applicable to you or not.

You may go thru following thread and other threads mentioned in it.
https://www.lawyersclubindia.com/forum/Manager-not-accepting-resignation-107490.asp#.U_MTnsWSwb8

The BPO’s are covered by standing orders and (Name of the state) Shops and Commercial Establishments Act and notice period /pay may not be applicable to you.

5. The company at the most blacklists you in its internal records for future employment.