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Simanchal Panigrahi
2

Hi, I am joined one company as a OFFICER C1 GRADE I have worked only one day but in that day I did do any practical work as well as no training has been provided after I am not feeling well and tomorrow I didn\'t went to the job and told them I am not coming today after that my family is not send to me to the company and than I told them I will not come to the Job. They told me that they will take legal action against you. In the appointment letter there is written that you have to give one month notice period otherwise you have to pay one month salary. Now they are send me the letter through courier but I am not received the letter yet please tell me whether I have to accept the letter or not if yes what should be written in that letter and what I will do I am totally confused please help me....
Warm Regards

From India, Mumbai
Mahr
477

Hi Simanchal,
What is the organization into? They cannot take legal actions, except the notice period which you have to serve, also if you have any company owned properties with you. Please also let me know which department you joined. You shall ignore the courier which is sent to you by the employer.

From India, Bangalore
Simanchal Panigrahi
2

Dear Mahesh Sir,
Thanks for the reply.. i have nothing taken any property from the Company. The basic work of the company is providing loan to the people and other companies.and i am joined the operation department as per the verbal discussion in the interview they told me the basic work of your is related to the account dept and link with others but actually the work is related to data entry and i have also taken a medical certificate from the my family Doctor.. please suggest me the further process...
Warm Regards,
Simanchal Panigrahi
8976638536

From India, Mumbai
Simanchal Panigrahi
2

Dear Mahesh Sir,
I have not submitted my photo and not even provided my Mother & Father D.O.B. I remember that there is one clause that the company take legal action against me leaving job without any notice period but I attend only one day in the company and same day I did not work practically Same after that day I have suffered from fever & cough & a weakness of 4 to 5 days which medical certificate is provided by my family doctor after that I have taken a rest of 1 week after a 2 week they just call me that you received the letter or not..? and now I am searching for a new job but because of there regular interference I can't concentrate on interview and not in my personal life with family. Please Sir reply me on urgent basis I am very scared of such whole things happened with me..
With Regards,
Simanchal Panigrahi
8976638536

From India, Mumbai
kishorkulkarni
241

Dear Mr. Simanchal Panigrahi,
Please do not sustain undue pressure of what has happened. Basically you have not committed any illegality, so as to call for any action on you. Also do not get disturbed for the words "legal action" mentioned in the appointment letter. Now, first you decide, whether you want to report back to company or not. In case you want to continue your job, it is better you talk to your superiors and HR Head and sort out the problem. If you have decided not to go for work, then also you do not have to worry about the action. No action is possible against you except termination of your one day service.

From India, Kolhapur
deepakbnair
11

Dear Mr. Simanchal Panigrahi,

Companies are run by people and not by machines. Have you ever thought of a person in HR department who has screened your resume, shortlisted you, interviewed you and negotiated with you? Have you ever thought that how many people were denied the job just because they selected you? If you are selected for a post, company or an official (can be more) has spent considerable time for this process which was proved to be non-productive because of your resignation. Have you ever thought how that HR can justify his activity of selecting you?

I am not here to blame you, but the fact remains fact.It may also be true that the company must have given you false job description at the time of interview. But please note that every story has 3 parts; your story, their story and the real story.

As an HR personnel, I do felt a lot of issues with job hoppers. There were many cases when I select a person after searching resume, calling him, mailing him, arranging interview, paying TA, negotiating, preparing offer letter, personal file, initiated other formalities such as id card and other facilities and finally the new joinee leaves within a short while keeping this company's offer letter as a benchmark salary and attending the interview somewhere.

I advice you, atleast for the next job,

1. Make sure your responsibilities and JD

2. Enquire about the company and nature of work

3. Decide whether you and your family can 'accept' the nature of job

Attrition has become the biggest challenge for HR professionals and you will also feel the same once you reach to a senior position.

My humble opinion/request to all is that, after all, we all are working for ourselves, our families and for our company. It is true that company is paying for our work and efforts, but that doesn't mean that we shouldn't remain loyal to the employer. Remember, company's growth contributes in our growth also.

My intention was not to hurt any one, but as I said, fact is fact.

Deepak

From India
vishnuvuyyuru
1

I completely agree with Mr. Deepak. But recruiters also have to ensure that the candidates may not be misguided regarding the nature of work. Vishnu
From India, Hyderabad
R Misra, Asstt Manager (HR)WBSEDCL
4

I do endorse the views of Deepak.....attrition and handling the knowledge workers are the biggest challenges before HR Professionals....We HR's often become exasperated and use the word of frustration like "Legal Action". No one can stop other to choose his/her own career but has to fulfill terms & conditions like service of notice/in lieu of salary/payment of bond amount. But these are all one sided agreement. At the most company deprive one is not to provide release order/NOC etc...
From India, Chennai
shah01ankita
377

While Mr. Deepak has raised a growing concern, would like to mention that this don't give recruiters right to sue.

We should not forget that in India we practice employment at free will on both ends, which means even the employee has a right to terminate the employee-employer relation if it don't please him/her.

I do understand we put lots of efforts and time in screening a person and then only to find they leave or don't turn up. But the only option is to have a couple of people in pipeline for such contingency....

======================

Mr. Simanchal

Since you have worked just one day, there can't be legal action against you.

You may have to serve one month's notice or pay the dues at the worst.

If a company will go on filing and hiring lawyers for every candidate / employee who leaves job without serving notice period, they won't have enough time and other resources to concentrate on their business.

Recover soon and sort things out with this employer as suggested by Mr. Kulkarni.

All the best.

From India, Mumbai
deepakbnair
11

Dear Ankita Shah,
I never blamed Mr. Simanchal and I do agree that India supports employee's rights. I never said that the company was right (please read whatever I wrote once again). But freedom is not for misusing. Some one is giving us freedom doesn't mean that we are free to do anything.
Deepak

From India
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