Hi,
Once I had joined in an IT company. There I was given very crap work to do. The notice period was 2 months, also in probation period. I left the company in 1 month without informing anybody. I wrote a mail to the HR after leaving. This happened 1 year back. The company didn't give me Form 16 for that one month period because I hadn't cleared the notice amount.
What would happen now ? Can the company take legal action against me ? If taken, What would be the result ? I have come across so many absconding cases...do the companies take action against them ? Is there any rule that company can recover notice amount from the employee by taking legal actions ?
Please help.
From India, Ludhiana
Once I had joined in an IT company. There I was given very crap work to do. The notice period was 2 months, also in probation period. I left the company in 1 month without informing anybody. I wrote a mail to the HR after leaving. This happened 1 year back. The company didn't give me Form 16 for that one month period because I hadn't cleared the notice amount.
What would happen now ? Can the company take legal action against me ? If taken, What would be the result ? I have come across so many absconding cases...do the companies take action against them ? Is there any rule that company can recover notice amount from the employee by taking legal actions ?
Please help.
From India, Ludhiana
I am not sure about what applies on your case, but form16 is theemployers liability and that companies are fined heavily in case anemployes form16 is not issued on time.
From United States, San Diego
2From United States, San Diego
Hi, Thanks for the reply. The company has sent me a letter to clear the nitoce amount dues. Othereise it will take legal action against me. Make a note of it that, the HR denied to give me Form 16 (for the one month served) because I hadn't cleared the nitoce amount dues. Please let me know what would be the result.
From India, Ludhiana
From India, Ludhiana
Hi ranjan_mx
1) Usually offers made by companies cite the probation period as a zero liability period, where either the company or the employee can leave without notice because of not being able to meet the others expectation. (company can fire because of lack of expertise or ability to fulfil the job requirement). Check the offer letter if there is a mention of this type of a clause in the offer
2) If you just left without informing anyone, I assume that you do not have a relieving letter, in which case you will not be given the form16 or a relieving letter because you have not fulfilled your notice.
3) I am not a law expert, but I know that companies do not take action, and they would plainly decline your form16, and relieving letter in this type of a case. BUT, I think legal actions can be taken by the employer for this type of a case, I would suggest that you continue this post in the category called "Legal" in CiteHR for expert advice etc.
Thats it from me. I would not be able to give anymore inputs, valuable or not.
PL&E
From United States, San Diego
1) Usually offers made by companies cite the probation period as a zero liability period, where either the company or the employee can leave without notice because of not being able to meet the others expectation. (company can fire because of lack of expertise or ability to fulfil the job requirement). Check the offer letter if there is a mention of this type of a clause in the offer
2) If you just left without informing anyone, I assume that you do not have a relieving letter, in which case you will not be given the form16 or a relieving letter because you have not fulfilled your notice.
3) I am not a law expert, but I know that companies do not take action, and they would plainly decline your form16, and relieving letter in this type of a case. BUT, I think legal actions can be taken by the employer for this type of a case, I would suggest that you continue this post in the category called "Legal" in CiteHR for expert advice etc.
Thats it from me. I would not be able to give anymore inputs, valuable or not.
PL&E
From United States, San Diego
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