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Anil Gupta (Project Lead)     21 October 2011

What if i breach term mentioned in appointment letter

Hello,

A month back, I joined a company. I was given Appointment letter which I returned back with my acceptance signature. Now during this month, I feel uncomfortable with working enviornment & I started feeling depression. I expressed my concerns and asked to quit some time back but they somehow managed me to work.

Now it happened one day, I felt frustrated and give up the job and resign with immediate effect. There was one term mentioned in Appointment Letter that stats to give 30 days notice period applicable to both side, else company reserves the right to recover payment of gross salary in lieu of such notice.

Now I dont want to serve notice period nor want to give money. Can anybody advice me what actions can be taken against me in this scenario?

Thanks,

Anil



Learning

 9 Replies

Kumar Doab (FIN)     21 October 2011

You are liable to tender notice pay. If the company pampered you to continue company may agree to help you further to adjust. Company can also wave off the notice pay if you are able to convince them.

Company can claim that abrupt resignation has caused them loss.

It is always better to enquire about company, its mission, goals, work culture/work environment, promoters, products, image in market, vintage of employees etc. before taking a decision to appear or join.

The short duration of one month can affect your resume. Employers look for flexibility, adaptive skills.

There are companies which ask for acceptance of terms that if employee does not join after final selection employee shall be liable to pay costs and notice pay.

H. S. Thukral (Lawyer)     21 October 2011

Submit your resignation by giving one month notice and go on leave. Let the company take any action. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     21 October 2011

both the opinion is right

Kumar Doab (FIN)     21 October 2011

Learned Mr. Thukral has given valuable advice. Kindly follow it.

We do not really know what have you faced and gone through. If this experience is such that you are hurt or your dignity is touched, you may not think twice and let the employer suffer due to your exit.

Your liability is to pay max. Notice pay for the shortfall in notice period.

Kindly submit company property under acknowledgment and obtain comments that nothing is pending at your end. You can obtain FNF, work experience certificate, from 16, relieving letter etc.

H. S. Thukral (Lawyer)     21 October 2011

When you go on leave after submitting the resignation after applying for the same on one or the other reason the employer if he wants to take action for your absence has to follow a procedure including an inquiry. Then only a termination would follow which would be subject to a challenge. If however he discharges you then he shall have to give you one month notice. He would be left with no choice but to accept your resignation. He may get smart by not giving you relieving letter, experience certificate etc. to which a legal recourse is open for you.     

SURESH GODBOLE (ADVOCATE)     28 October 2011

The Rules are to be followed .

Either serve for another month or deposit one month salary

You cannot have Cake and eat it too , either it will be in your hands or will reach your stomach and vanish from your hand.

Your problem is not employment but Depression/anxiety  and go to some Good Doctor and have proper Medical advice to come over your depression and anxiety.

Pl have a habit to look towards men who are placed much below you in social strata , IT MAY HELP.

Pankaj (Area Sales Manager)     12 February 2012

Hi Kumar Sir,

            Can we discuss my matter with Thukral Sir? If yes, kindly tell him regarding my problem in details. As you both are expert, can give me right advise. I am still following up with the company through letters and mails only.

Regards

Kumar Doab (FIN)     13 February 2012

You may click on the profile of Mr. Thukral and establish contact.

SURESH GODBOLE (ADVOCATE)     14 February 2012

There is another angle to it all

    Experts may throw light on it  , as it may help all those who are placed in SAME SITUATION :-

 

   (i) Why  a person appointed faces depresssion 


                      THE REASONS ARE TO BE GONE INTO :-


                      (i) Was the working atmosphere not good ; (ii) was it abusive and hurting one's Self Pride ,

                      (iii) Was a person Overburdened with work which is beyond human strength ; (iv) Was the Boss not co-operative

 

                     If the circumstances  in which the appointee was forced to work  were such which caused mental tension and depression , the Company must pay damages

 

                     Pl throw some light on this aspect so that the SUFFERERS MUST GAIN AND THE WORK ENVOIRNMENT IN TIME TO COME MUST IMPROVE

 

                    0-9929596546


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