Saswatabanerjee
Partner - Risk Management
Abedeen7
Assistant Manager Human Resources
Rajiv.Jha007
Admin Professional
[email protected]
Managing Director
Rajkamal Lal
Self Employed
Shah01ankita
Talent Acquisition / Consultant - Catalis
+2 Others

Hi
I left an MNC a week back where I served only 5 days instead of a 30 day notice period as my mom was sick and had to visit Delhi.
Now they are asking me to payback the recovery amount. Is there anyway i can avoid it? I didn\'t sign in on any stamp paper that stands valid in court of law. Please let me know if there can be any legal action against me ?

From India, Howrah
mr. ricktaylor, comp.can take legal action against despite u did not signed on stamp paper ,bcoz u had signed in employment agreement paper.you should say him to hold for 3-4 month to depositing recovery amount due to financial crisis.then what your comp. say after that let me know then i will give you further suggestion.

From India, Delhi
Dear Mr. Rick Taylor,
Supposedly this has become the customary question of "What happens.."
Why dont you stand in the shoes of the employer and understand the loss of business caused due to the brusque way of leaving? I'm not grumping at this issue but the way you've questioned may infuriate many of our seniors in thsi forum. As far as my experience is concerned with MNC's, they are very purticular on NP. You have to check your appointment letter in detail for the clause on NP & Termination clause in purticular.
At an outset, if you are not willing to show this experience or would leave it as gap, a sufficient reason has to be specified to your next employer. Are you ready for it?
Legally one cant comment on the liable reasons; however,you may have to "READ" relating to the above mentioned points in the appointment given to you or while you signed.
You may also share such clause (not mandatorily) to see what our other seniors in this forum have in their wits.

From India, Visakhapatnam
Hi Sharmila,
Thanks for replying back. First of all, the way you have pointed out "Why dont you stand in the shoes of the employer" --(Do i really stand in the shoes of the employer ..why should I ?]
Well, the employer should understand my situation was too, my mom was sick and I had to hurry. I guess my mom is more important than me leaving a job. Aint it so ?
Secondly, it is not my intention to offend or upset or in your words "infuriate" "seniors" of this forum.... I am in a fix and I am looking for a solution thats it.
I have already been to the PF office and have submitted my PF form following which I am writing a mail to my past employer to grant me a time of 3-4 months when the PF money comes through, I will be able to pay them back... I hope it plays fine.
Thanks again!!!

From India, Howrah
Mr.Rajkamal Lal I have already done the same as you have asked me ... and I will definitely get in touch with you for your suggestions. Thank you so much .
From India, Howrah
Dear Ricktaylor,
You have to pay to your past employer first. Look companies may take legal actions for such kind of behavior. Generally companies are not ready to wait till your PF amount will be dispersed.
With Regards,
Vineet Deshmukh

From India, Yavatmal
Hello,

Everyone of us have some or other genuine reasons to terminate or end our employment.

I can very well understand your situation that since your mom (or any of your family members for that matter) are called ill majorly and you are not in same town to adjust with the situation.

However, while you resigned, what reason did you state in your resignation letter?

Another thing is, at times we do not feel the need to communicate on whole or we just take it for granted.

Like you mentioned that your company has a 1 month notice policy and as a result, perhaps you never mentioned your last working day or relieving with immediate effect. (Excuse me if I am wrong here and if you mentioned the same, I am generalizing as most of us do not mention this over resignation)

The reason I stated this is because when someone puts the paper down, as an employer one thinks you must have got better opportunity and now you just want to rush to it. It is very natural to think that way, we are human and we can't control our feelings.

Now coming to the solution part. Write again to the employer that you resigned on account of poor health of your mother and when it was getting too serious you had to but leave. Just say in the tension you just couldn't do the proper exit formalities, but you do not intend to abscond or run away. Mention that you are open to discussion and negotiation if possible and you can scan them your mother's report to prove the genuineness of case. Add that you understand that since you have served only 5 days you are liable to paying of remaining 25 days' salary and mention that you would yourself come down for a full and final settlement and relieving cum experience letter as soon as your mother's condition is somewhat normal. Try to convince them that since you worked in a different city than your hometown it is not possible to handle both situation together.

Add that you would be obliged if they can consider your application as special case and can relieve you on shorter notice so that you are not burdened up with higher payment.

The key is convincing and only convincing. Possibly they may just get annoyed, and try to just think if you had been in their place, perhaps you too might have thought why didn't he inform me before.... It is just human nature. I do understand your concern that they should as well try to understand your situation but that is possible only if try to explain this to them again and again without losing patience.

Patience can solve complex problems. All the best.

From India, Mumbai
Let me put through once again. Why should the Employer give you time to pay the notice period in lieu?
They haven't understood your situation while your mother was in a illness stage, do you really mind that they are intend to give you time?
Probably, your initial question was -- Is there any way I can avoid it? - What was this question raised for?
Well lets not argue, the point is even a signature on the appointment letter is liable in case of violation from the rules ammended by the employer. The preeminent solution is speak to the HR curteously of the situation you are then. Send them an email asking for a short time to recompense. If possible make a personal appearence to concern your circumstance on swift leaving.
Guess, amiable dealings works the best. Moving one step ahead will definitely give you a "Win" situation and hence no sticks & stones require herein.
Cheers..........
All the best!

From India, Visakhapatnam
Very, interesting point of view.
Why should I stand in the shoes of my employer,
Why should I care about what he thinks or problems he has to face because of me.
Well, then why should the employer bother to understand or help you ?
Did you tell them your mother was sick in delhi ?
Did you ask for emergency leave (even if unpaid) ?
I am sure any mnc hr team will have granted it immediately.
Perhaps they would have got you tickets too.
From the wording of your post, it seems you resigned and then suddenly left saying your mother is sick. If that was the case, no one would have believed you.
If it was due to your mothers sickness, surely you would have talked to hr and your reporting head asking time off, offering to come back and do whatever handover is required and providing assistance on phone etc to the new person taking over whenever he needs to know about work you have done.
The employer will be as sympathetic as you appear genuine and helpful.

From India, Mumbai
Hi Rick
Seems I found a solution to my question that I posted yesterday : Whether we can withdraw our PF without f&f even if employer does not stamp or sign our PF forms. Do we need to get our forms signed from someone else then?
In response to Sharmila's post, you mentioned that you "I have already been to the PF office and have submitted my PF form following which I am writing a mail to my past employer to grant me a time of 3-4 months when the PF money comes through, I will be able to pay them back... I hope it plays fine.
Can you please advise if you were trying to withdraw the PF for the same company you resigned from? If you did not complete your Full & final how can we apply for the PF? Pls confirmj so that I can also go ahead and do the same since I will be ubale to do my F&F due to financial crisis right now and need the PF amount urgently.
Thanks in advance!

From United States

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