Hi, I require advice. I joined a company but the work environment wasn't too friendly. For instance, we had to put in mandatory 10 hours of work every day. However, I used to end up working for almost 12 hours due to work load. After a couple of months, I quit. However, I did not put in a formal resignation. I told them I am unwell and will take sometime to recover. Since now it's over three weeks, I was planning to send resignation and citing medical reasons.
But before I could do this, they sent me a pre-termination letter, asking to pay two month's salary as training costs. I was unable to give notice, which is 15 days, as I had to join my new company immediately. Though, the last 12 days of my work has not been paid by the company and neither have I claimed it. Also, this exp is not mentioned on CV or anywhere else.
From India, Bengaluru
But before I could do this, they sent me a pre-termination letter, asking to pay two month's salary as training costs. I was unable to give notice, which is 15 days, as I had to join my new company immediately. Though, the last 12 days of my work has not been paid by the company and neither have I claimed it. Also, this exp is not mentioned on CV or anywhere else.
From India, Bengaluru
Dear Vinay,
External compulsions whether legal or moral always yield to unwillingness arising out of internal urges in individuals be one an employer or employee. But, the consequences are certainly inescapable and as such some response of mitigation is inevitable in the interest of future. Better consider complying with the exit conditions as per the appointment orders in order to have continuity of a clear career record.
From India, Salem
6016External compulsions whether legal or moral always yield to unwillingness arising out of internal urges in individuals be one an employer or employee. But, the consequences are certainly inescapable and as such some response of mitigation is inevitable in the interest of future. Better consider complying with the exit conditions as per the appointment orders in order to have continuity of a clear career record.
From India, Salem
Unfriendly work environment is one thing,extra work is another thing,but quoting without notice is a wrong done by you.
What were the terms which governed exit as per your appointment order?
Doe the offer letter specify training costs-if so what training was given to you?
You should comply with terms of agreement and given appropriate notice.
Now that you have failed to do so,try and settle with the company.
If you ignore,you may have a legal battle with old employer and many facts will come out-like you had most probably not mentioned to your new employer about the job you quit.
So chances of your new company feeling that your CV was not entirely truthful is quite possible.
One should always think of all consequences when you take actions of this nature.
From India, Pune
What were the terms which governed exit as per your appointment order?
Doe the offer letter specify training costs-if so what training was given to you?
You should comply with terms of agreement and given appropriate notice.
Now that you have failed to do so,try and settle with the company.
If you ignore,you may have a legal battle with old employer and many facts will come out-like you had most probably not mentioned to your new employer about the job you quit.
So chances of your new company feeling that your CV was not entirely truthful is quite possible.
One should always think of all consequences when you take actions of this nature.
From India, Pune
I would like to highlight that this is not something I wanted to do. It was more out of no choice. I have never got into such situations before. I cannot serve notice period as
1. I am already working somewhere
2. This experience was never mentioned in CV or anywhere else. Basically, this experience is something that will not help my career, so no intention of mentiooning it anywhere.
3. There were no training costs incurred by the company. They mean what I understood from references. I come with enough experience.
4. I was there for two months, 12 days. Of this, I did not get paid for the last 12 days. My notice period is 15 days. I am ok with not taking that amount.
From India, Bengaluru
1. I am already working somewhere
2. This experience was never mentioned in CV or anywhere else. Basically, this experience is something that will not help my career, so no intention of mentiooning it anywhere.
3. There were no training costs incurred by the company. They mean what I understood from references. I come with enough experience.
4. I was there for two months, 12 days. Of this, I did not get paid for the last 12 days. My notice period is 15 days. I am ok with not taking that amount.
From India, Bengaluru
I understand about work environment and other points mentioned. In spite of me asking the HR several times, before my joining neither my work timings nor details that I asked for cleared. My only reason to join them was that I needed to work because of the responsibilities at home. I have over 12 yrs of experience, and I have never done this before nor was the intention to exit this way here. This was a different industry and when I got the right job for me,I wanted move out the ethical way. However, I was kept hanging for a long time with your letter is on the way till the last day. I got my my appointment/offer letter after the joining the new company, so i didn't have a choice. That's the only reason I had to take the medical route so that I could submit resignation in a couple of weeks. Also, I had them posted, which they say I did not. I was planning to submit my resignation this week. Another point , I was just two months old, I was in probation. While I write this, I have already submitted my resignation there. So, I wasn't given any training. That's because I have years of experience in what they wanted me to do. There were no specifics on the training costs.
From India, Bengaluru
From India, Bengaluru
First, your termination in the company is bad in law since they have not (assuming) given you any charge sheet/ show cause for long absenteeism, conducted enquiry and terminated neither they have asked you in writing to join the company. In this case, it is illegal termination by the company but not abandonment of service.
However, since you have joined another company, from joining date of such company, it will be considered that you have left the service of earlier company.
Even if your appointment letter mentions 2 month's notice period or payment in lieu thereof, you are not required to pay since they have terminated your service.
And in order to recover the trainning cost, if at all provided by the company, is time consuming matter as the company can recover such training cost provided by them only if there was an agreement and by the process of law.
Check my blog www.labourlawhub.com for more information.
From India, Kolkata
However, since you have joined another company, from joining date of such company, it will be considered that you have left the service of earlier company.
Even if your appointment letter mentions 2 month's notice period or payment in lieu thereof, you are not required to pay since they have terminated your service.
And in order to recover the trainning cost, if at all provided by the company, is time consuming matter as the company can recover such training cost provided by them only if there was an agreement and by the process of law.
Check my blog www.labourlawhub.com for more information.
From India, Kolkata
In my pre-termination letter, it is mentioned that they tried to reach me a number of times. The fact is that is false. They tried to reach me twice, once I could not answer, second time my husband spoke to HR. She told my husband that she will keep in touch with him on this. It never happened nor was there any written/email on this reach to me. And before these calls, I had informed my manager. So, I have informed them, how can they claim that I have disappeared without any informing them? Also, they are asking me to come and complete the notice period, and not joining back.
From India, Bengaluru
From India, Bengaluru
You need to prove that you informed them and in the same way, they also need to prove that they tried to reach you. Communication in writing (letter/ email), in this case, will be valid. Verbal communication will have no value.
You can write to the company challenging the termination as well as deny the fact that they have tried to contact you.
Please check www.labourlawhub.com for more information.
From India, Kolkata
You can write to the company challenging the termination as well as deny the fact that they have tried to contact you.
Please check www.labourlawhub.com for more information.
From India, Kolkata
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf