Saswatabanerjee
Partner - Risk Management
Ukmitra
Business Development, Employee Relations,
Richie2847
Service

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one of my frnd has joined the company on third party payroll and resigned within 2 month without serving notice period ,he receiving the call from emploer that they will black list his name and send him a. leagal notice .can the employer do this is the same is not mentioned in appointment letter
From India, Mumbai
Hi,

First and foremost, one shouldn't resign without giving notice period or settle in lieu of notice; as per your contract or letter of appointment clause. If he had a "Probation Period", he has every right to resign without notice period when on probation. Check the Contract.

Secondly, one have to understand that you are not slave to any company and nor any company force you to work let alone call you and threaten you, whatever is the reason. Company cannot put on stress by such act which will go against the company in court of law.

Thirdly, it is very important to understand what position your friend was working. If it is a sensitive work then its very important that your friend meets the company and settles the issues. Take it from, No company in India can do any harm to him nor stop him from working for any other company for his betterment and as per his wish. So, just ignore their call its just one of their cheap tactics.

When I say, please note that it is equally important that an employee must also be fair and not act as if he is without any onus of responsibility with his Employer and the Job he does. Employee is backbone of any company and such childish act disturbs the very business on which they survive and many other's livelihood.

Regarding Blacklist, companies cannot just Black list any employee because he did not serve the notice period. So relax and ask you friend to talk to them and also tell this Company not to terrorize him with such threatening calls or else you would have to "FILE An FIR" against them and also sent a legal notice Solicitor to put in stress, tension and mentally disturbing your peace with alimony.

Good luck...

Ukmitra

From Saudi Arabia, Riyadh
Anonymous
hi ukmitra,
the contract states as below
1.You will be under probition for a period of six months from the date of joining.If your performance during the probation period is not found satisfactory,your probation may extended at the discretion of the management.During probation your services can be terminated with a months written notice without assigning any reason whatsoever.
2.The company shall confirm your services in writing at the end of the probation period subject to satisfactory completion of the probation.On confirmation your services are terminable by giving a months written notice on either side except in cases of gross misconduct or non performance.
3.Notwithstanding anything said anywhere in this letter or any other offer letter, in the event that you execute a service agreement or other agreements the terms of such agreement shall always prevail.

From India, Mumbai
First, please explain to us the location and industry.
Second please explain what blacklisting is.
A company is free to blacklist any person because it is the decision of the company whether to ever employ any specific person. There is no industry level blacklist other than the national skill registry maintained by NASSCOM.
If your friend Has left the company after 2 months in the job, that too without notice, why is he so son earned that he will not be allowed to join again ?

From India, Mumbai
Hi,
Probation clause is not only for companies to test your skills, but also for the employees to ascertain if he/she would do good in offered job profile and other aspects. Having said that I don't see any resignation clause during probation and hence it can be construed that it is applicable to both parties.
Just relax and ask you friend to not bother much about the issue and their threat to black list you. If that company calls again, you threat them with "Legal Notice" on ground I mentioned above. i.e. mental stress etc etc...legal solicitor will add many other verbs...
I feel, It's high time employee also start using the "legal ground" for their "rights" , which many don't do just because they feel such an act will spoil their reputation and blah blah.
What's kept in a reputation where we just shake our heads to other's requirements and say nothing on wrong is done by employers at cost of employee career and growth.
Ukmitra

From Saudi Arabia, Riyadh
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