Resigned in 6 days - company saying you have to pay one month salary - CiteHR
Gunjansingh_hr
Generalist Hr
+3 Others

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Dear Sir / Madam, I joined at one firm on 26th October 2013 and due to my family problems left on 31st October 2013. I got the offer letter from the firm, but not appointment letter. Offer letter states it will be given to your after joining the firm. But not received in that 6 days.
I informed the firm about my discontinuing the job on 6th November and now they are saying you have to pay one month salary to them. I have not collected my salary cheque for 6 days from them. I signed the joining report there. If I have not given the appointment letter, can they claim for any salary deposit from me. Very much confused and in stress. Kindly guide.
Thanking you, Ashujuii
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Dear Ashujuii,
Generally, serving notice period comes into the scene, when employee has competed the probation period in the company and got confirmed. In your case you have been there just for 6 days, then there is no point of serving notice or salary in lieu thereof, Anyways you have neither received nor signed the appointment letter, as usually appointment letter carries the clauses related to termination of services, so you need not have to worry for the same.
Regards
Ashutosh
What was the reason for leaving the job in a short span, was it only because an Appointment Letter was not issued to you or any other reason. Secondly let the forum know whether the Offer Letter or Joining Report does have any termination clause mentioned so as to guide you accordingly.
As per the best knowledge once you have joined a company all the terms and condition will be applicable to each and every employee, whether the same was dictated to you or not. In the court of law knowledge of ignorance is not considered.
Dear Ashujii,
Any company cannot ask like this. But following things need to be considered:
What you have discussed with them before joining.
On what all terms & condition you have joined.
As you have mentioned that you have filled and signed the documents, I wish you would have not signed any bond /agreement.
You have joined there properly , so properly you would have send them your resignation copy mentioning the reason.Verbal communication can create some problem later on.
If you will consider all these things you will come to know the solution of your problem.
Although no company can harass any employee like this but the thing is what they have discussed with you at the time of your joining is very imp.
Thank you, all, for your expert replies. I was only given offer letter and in that and in joining report also, no clause about notice period was mentioned. I was offered contract for 2 years for consolidated salary. I resigned due to my personal reason, which came in my way after joining. Kindly guide. Thanking you, Regards, Ashujuii
Appointment letter or no appointment letter,the terms and conditions of service will apply.Hence, you have to serve a notice before leaving the service in which you joined, or pay in lieu of notice.
You said that you were given a contract for 2 years on a consolidated salary. Were you given the contract for a specific project or task? If yes, their project may be affected because of you. They are right. If you were given a job/contract for general work not a special project or task, they should not harass you. Also check in company policy if any probation clause in general is there in appointment letters. As one of above learned member said that once you join and give them joining report all company rules come in force, then this (probation) clause will help you. Again service and contract rules are different and, they need separate discussion.
Manoj Kumar Batra
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