Umakanthan53
Labour Law & Hr Consultant
Psdhingra
Legal Analyst, Hrm
Rdsyadav
Educator, Management Consultant & Trainer
Nathrao
Insolvency N Gst Professional
Nashbramhall
Learning & Teaching Fellow (retired)
Riteshmaity
Labour Law Advocate
Rohit@01
Customer Careexecutive
+2 Others

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I am Rohit and I have joined an E-commerce organisation on 11th April.2016 as an Customer Care Executive.

I am under a probation period of 4 months.I have just signed an offer letter of merely 1 page in which it was mentioned that the notice period is of 30 days under notice period.If in any case, the notice period is not served I am bound to pay 1 month salary to the company.

I have resigned today and not in a situation to serve notice period as i have to prepare for my exams commencing from 1st june 2016.

The company owner threatened me by saying that he will take legal action if i didn't serve notice period or pay 1 month salary.

Please advise as I am bit scared now and wondering that I have not signed any BOND or CONTRACT or APPOINTMENT LETTER and I'll be completing my 1 month tomorrow. and wondering are they authorise to take legal action if yes then what can be the consequences of that.

Dear Rohit,
Accepting the offer, you've joined the services of the Company and there begins the contract of employment and One of the conditions of the offer is notice of exit. So, the absence of an appointmnt order from the Company or the execution of a bond is immaterial and you have to serve the notice period before getting formally relieved or pay one month's salary as stipulated earlier.

They can, I think. If you knew that you needed to prepare for an exam from June 1st, why did you sign the contract? Probably you thought that you could have the cake and eat it too, as the saying goes.
Hi nashbramhall. I didn’t sign any CONTRACT/BOND/APPOINTMENT LETTER. I have.just signed and accepted the offer letter
Dear Rohit,
Your present stand based on the non-issuance of appointment orders and non-execution of a bond tantamounts to approbation and reprobation which is not permitted in Law. As I observed earlier, the letter of offer and your unequivocal acceptance together formed an implicit contract of employment between the employer and yourself. If you violate any one of the terms of the contract, your employer can sue for damages as well as the notice salary from you.

An offer letter is not equivalent to an agreement.
An offer/ appointment letter is a documents prepared by the company incorporating terms and conditions in favour of the employer which the employee has to accept while taking the job. Hence, the Apex Court has stated that it cannot be considered that the employee has agreed to all the terms and conditions as such terms were not drafted in consultation with him.
In case of agreement, the matter is different.
For non-serving notice period, the employer can withheld your dues. They can sue you in court in order to recover such dues and training cost, if training was provided during your course of employment. Please note that they can take legal action against you but chances of winning is very low for them.
Please check www.labourlawhub.com for more information.

""I am under a probation period of 4 months.I have just signed an offer letter of merely 1 page in which it was mentioned that the notice period is of 30 days under notice period.""
If you leave without notice,you are bound to pay one month salary.
Now whether you signed offer letter or ten page agreement it does not matter ethically.
You were fully aware of notice period and pay I/l of notice.
It is your knowledge of our obligation towards your employer which matters and not legalities per se.
A contract has come into force with your acceptance and subsequent service with the company.
Do the right thing and obey terms of contract or get it waived by company by polite request.
Otherwise.
Please pay and move on in life.
This is my way of looking at things.
Consult a good lawyer.

Dear Rohit,
First all please be informed that company can deduct your one month basic salary is you fail to serve the 1 month notice period as stipulated in your signed offer letter.
If you agree to pay your Basic Salary and handover all the process to the companies authority before putting your resignation then company cannot take any legal action against you.
Hope it will resolve your query.
Warm Regards
Sudhir

Dear Rohit,
If it is mentioned in your Offer Letter that the Notice period would be 1 month than you have to either serve the Notice period else payback to the employer. If you don't serve the Notice period than your employer have all the rights reserved to deduct your salary. But it doesn't sound practical that your employer will go up to that extend where he will be ready to fight a long court case which is a very time taken & costly way, just to take your 1 months salary.

Dear sir,
You have signed Offer and joined on agreed terms and conditions of your employment. The one month's notice as per signed papers is enforceable. Both parties are under obligation to follow the same.Your employer is free to take legal action in case you do not serve company for one month after submitting resignation.You can do your preparation and request him to relieve you before,which is possible.
Regds,
RDS Yadav
DIRECTOR,
Navtarang HR Services

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