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hari (sse)     30 November 2010

What if employee does not pay full & final settlement?

I have joined a company MNYL and worked only for two days. Suddenly my father was not feeling well.. So i have send any sms  to my collegue regarding the same and came back to my home town. The comapny was in delhi. In these tension i forgot put my resignation and as my father is not feeling well i decided to say close to my family , so joined in new company here in bangalore. My family stay in tirupathi. SO its easy for me to travel in needy situations.

After almost 4 months, I got notice of final settlement in which MNYL company is asking money from me as recovery.

22,500 RS.

I am not in a position to pay that much amount and also  i have not served more than 2 days.


What if I do not pay this amount as I have never signed on any form which states that i will
 have to pay the recovery amount?

What should i do now? I am really confused. Please help me how to proceed on the same.



Learning

 4 Replies

hari (sse)     30 November 2010

Pleas reply its very urgent..

JT Rajasuriya, Chennai (Advocate 98410 53790)     30 November 2010

You can take a stand that you were not in the middle of any project or responsibility to assume that you've caused a loss to the company owing to your sudden absence.

The company has no right to claim based on costs involved in procuring an employee eg. advertsising, recruitment agencies, etc.

hari (sse)     01 December 2010

Hi Suriya,


Thanks for your reply..Pleas suggest how to proceed...

Kumar Doab (FIN)     27 January 2011

The learned expert have given their valuable advice which shall be of help to you.

You must have been provided offer letter before joining and joined after receiving an appointment letter and you must have given the acceptance on the copy of appointment letter whcih should be in the possesion of the company.

MYNL if we understand is a life insurance company and a joint venture between two big companies of Indian and foreign origin.They must have absorbed you after completing  due procedure of appointment, whcih also includes induction and introduction by your reporting authority and induction report must have been submitted with a copy to you.

Were you given th contact details of company for differrent matters.

You terms of seperation are defined in appointment letter i.e notice period within probation period and after confirmation of service. You may study them.

You left the company after working for 2 days only, hence your seperation is within probation period, due to a family  exigency.

You may explain the matter to your reporting authority and convince him of the grave situation you were in and requset him to resolve the matter and withdraw the notice and close the matter.

You may carefully preserve the medical reports of your father.

Within two days you were probably not even appraised about company,processes,your work,and not even any project was assigned to you. Hence you can proceed as adviced by the learned members.

The companies usually have HR/legal deptt, whcih are to chase such matters in the name of cutting/curtailing costs, and usually cite hardships and costs involved in thier endeavours includig recruitment.If a candidate is recruited thru consultant ,company has pay them. The company employees hired jealiously chase these matters because get salary for this which they have to justify.

You can submit a reply and representation to the company by contacting them at Delhi and even thru their Tirupathi and banglore offce.

The companies have a bad record in setllement of employees who leave after 2 years.

You may not disclose your present appointment to MYNL.

A jealious employee may contact your present emplyer .


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