sourcingspecialist
1

US IT Recruiter
I have some HR related query. I have left a company without serving notice of 15 days, but they never gave me any appointment letter, or any confirmation letter.They give me a payslip but they do not deduct any PF, can they take any legal action against me? And if yes what action can be taken against me and how to bypass that or negotiate that?
From India, Lucknow
Ankita1001
735

Sr. HR Executive @ Polymerupdate
An offer was made to you and you have full right to reject it without any legal implications unless you signed a bond or signed the acceptance appointment letter.
Since you didn't accept the offer, there is no legal binding on your side.
Paying you salary is fine but the actual employer-employee relationship is formed only after handing over the appointment letter by the firm and you signing the duplicate of it and giving it back to the firm. Till then the relationship is on hold.
So don't worry there won't be any action against you as the employee-employer relationship was never built up.
Hope it helped. :)

From India, Mumbai
kknair
198

HR, IR, Law, disc. matters
Dear , If there is any dues payable they will adjust the same against your notice pay. However, if there are no dues payable to you, they will find it impossible to pursue any legal remedy against you. Any organisation will be ill-advised to go for recovery proceedings merely on the basis of certain pay slips issued by them. Regards
KK

From India, Bhopal
loginmiracle
359

Consultant & G.M.
Dear friend,
Your details are inadequate. How long you served in this co., in what position ? Are you under probation ? How did you know that you have to give 15 days notice?
However, whatsoever may the circumstances, it won't sound well stopping without giving your formal resignation. Unless it is submitted you don't sever your ties with this co. To have a good moral feeling, peace send your resignation under proper ack. Say clearly you have nothing to hand over on your resigning. Haven't asked for the Apptt.letter or PF while in serivce, why? You did receive your salary, Legally you were in service then how you have to get out ? Did you resign or was dismissed/terminated ? How you are going to fill your CV ?
kumar.s.

From India, Bangalore
Even though hthe company did not provide any offer letter or appointment letter, the fact that you served in the company for some time itslef establishes employer-employee relationship and therfeore it is better to exit in a way that is required to honour this relationship i.e by sending a proper resignation with notice period, if necessary.
B.Saikumar
HR & Labour Law advisor
Mumbia

From India, Mumbai
Dilipbhandari
8

DGM-HR , Rajhans Group.
Dear
Don't worry, your last employer have no any right to take legal action. Condition to that you have not carried out any illegal action which is liable to penile action by IPC. Otherwise don't worry.
Dilip

From India, Surat
sourcingspecialist
1

US IT Recruiter
Hi Mr. Saikumar,
I have already sent my resignation email to them requesting them to waive off my notice period, however, they have refused. My question now is, since they did not provide any appointment letter or any confirmation letter, and now that I have already joined another
company and can't think of serving the notice period, what are my options?
Can they take any legal action against me if I do not serve any notice to them(keeping in mind I did not get any conformation letter or any appointment letter- which as per me
is illegal itself and will I be considered an employee of the employer at all?)
Regards,

From India, Lucknow
groyalg
58

Manager - Ops., Training & Quality
Hi,
Don't worry and enjoy your new role in the company. What Mr. SaiKumar had suggested is the "Ideal Practice" that should be followed. Since, you have not signed any appointment letter which gives a right to both the parties in the Employer-Employee relationship, it is fine.
So, move on and best of luck for your future endeavors. :)

From India, Delhi
Now you have joined the new company.You have sent in your resignation. They have refused to accept it.As an erstwhile employee, you performed your part of the obligation of employer-employee relationship bysending a proper resignation. This is the minimum required of an employee who worked in an establsihment. Now they cannot say that you have absconded.It is none of your business whether they accept your resignation or not, since the new employer, it seems,did not insist on any relieving certificate.So far as the notice period is concerned, they have not communicated you in writing about any such condition either by way of an appointment letter or by an offer letter.Thus there is no contractual ground for them to proceed agaisnt you on this score. Your ex-employer has not said any thing about legal action though he refused your resignation since he has no ground to take it and no employer will resort to legal action in such matters.Otherwise, he will be busy with such issues which occur day-in and day out. So enjoy your present job.Don't live in the past. There will always be solutions. Look ahead.

B.Saikumar

Mumbai

From India, Mumbai
Ankita1001
735

Sr. HR Executive @ Polymerupdate
On the lines of resignation and notice period,
Just wish to ask, from where the notice period starts?
From the date that employee submits his/her resignation
or
From the date of acceptance of the resignation.
Please advice.
Thanks :)

From India, Mumbai

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2021 Cite.Co™