Saswatabanerjee
Partner - Risk Management
Riteshmaity
Labour Law Advocate
+3 Others

Thread Started by #rakesh kumar111

If any emoloyee give resignaion with immediate effect without notice period. Employer notice period was a week and employee has worked a week before resignaton. In this case employer can take a week salary to fulfil notice period. nothing matter whether employer accept resignation or not. In this case employee and employer remains or not. Whats your openion
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17th July 2016 From India, New%20Delhi
If any emoloyee give resignaion with immediate effect without notice period. Employer refused to accept it with his bad intention. Employer notice period was a week and employee has worked a week before resignaton. And employee has stopped to go in his office. After 15days of resignation he is asking to sign NDA. In this case employer can take a week salary to fulfil notice period. nothing matter whether employer accept resignation or not. In this case employee and employer relation remains or not.
Whats your openion
17th July 2016 From India, New%20Delhi
What exactly is your problem, and what is the question you are asking. Please be clear and lucid if you want proper feedback from the forum members
17th July 2016 From India, Mumbai
Dear Sir, its the case of my son, after done graduation in BFA has done two years diploma in vfx 3d modelling, institute gave tel no. for placement, my son contacted to the 10x 10 feet company owner, owner of the company took some test, my son done these from home, after final take owner told my son come for final discussion my son went, salary fixed Rs 10000/-. owner of the company did not shown the company to my son and done conversation in a hotel. After that employer send unsigned appointment letter by his email without digitally sign. My son joined the company in June last week, my son earlier thought that there should be other employee but he was alone. because my son was fresher and started the carrier he needs senior for his future growth but there was non except him and employer, on the very first day of his duty employer gave EMPLOYER AGREEMENT COPY and told him that read it and signed it, he signed it after light reading and employer gave a unsigned photocopy to him (no signature of employer). After two days I seen it from home, in it there are few points that my son can not work in the same field after resignation till two years and can not join in competitor company, I raised this issue on phone with the employer he told me that I will ask from his lawyer, but employer did not respond it. In employee agreement its clearly written that employer can terminate him in a week notice period, nothing written for employee, after a week service my son and I discussed that if there is no senior or other other staff to guide him, then there is no point to work there. So he give resignation via mail with immediate effect, not notice period served, after that employer respond it with bad intention that he can not accept resignation and service notice period of one month, told him to do some formalities. But my son not gone in employer studio, after a week period employer again respond that you did not correspond to him and he email to my son that my son has worked on some sensitive data and also shown some sensitive data to my son, either be present in office or I will take legal action, employer also contacted to my son institute that I will file case against my son because he theft his data, my son also clarified to institute that he has bad intention. I also contacted to employer and discussed the matter he was threatening that either sign NDA (non disclosure agreement) or he will file the case against my son and no employer will touch him. I also agreed if nothing is objectionable in NDA my son will sign it. Till now I have not received NDA. Although nothing is mentioned in agreement about the employee resignation or notice period or NDA. If he insists notice period, he can take my son one week salary in lieu of.

From fifteen days we are in big mental tourture created by him.

I put my case honestly, please suggest me if employer takes any legal action, how can I protect my son interest. I am in big worry he is going to start his carrier and finds such bad employer.

thanks
18th July 2016 From India, New%20Delhi
Dear Rakesh,
As understood, you're in an employment wherein your notice period is 1 Week. You resigned without notice period and you desire not to pay for 1 week's notice period and want your employer to deduct/adjust the notice period pay for the 1 week which you have worked before resignation for which they have not paid you.
Answer: Yes your employer can adjust your 1 week's pay against your 1 week notice period which you have not served(provided notice period adjustment/NP recovery clause is menioned in your offer/appointment/contract letter)
OR
You may speak to the employer and mutually have it adjusted for a smooth relieving.
Many at times mail conversations and communications create gaps and ambiguities. We always advise employees to have a face to face polite conversation with employer/HR about any plans to exit, as it builds '"fruitful relationships'.
18th July 2016 From India, Bangalore
hi im working with mnc company i have lot of doubt in my organisation, first please help me the circular for the leave day office mobile communication, kindly share your post. regards Sv
18th July 2016 From India, Chennai
Now that you have given the full details, let's start from the top.

*****Dear Sir, its the case of my son, after done graduation in BFA has done two years diploma in vfx 3d modelling, institute gave tel no. for placement, my son contacted to the 10x 10 feet company owner, owner of the company took some test, my son done these from home, after final take owner told my son come for final discussion my son went, salary fixed Rs 10000/-. owner of the company did not shown the company to my son and done conversation in a hotel. *****

The first mistake is that he agreed to join without knowing the details of the Comoany and understanding whether it suited his career plans. Working for a small company is not wrong by its self, but where it does not agree with the career plan, it's a bad decision. But it's done and now it's a part of your learning.

***** After that employer send unsigned appointment letter by his email without digitally sign. *****

Though the provisions of IT act says that a digitally signed document does not need a signature, an email sent with copy of the appointment letter is adequate and admissible as evidence of employment offer, unless ofcourse it is proved during forinsic audit that the mail was fake

*****My son joined the company in June last week, my son earlier thought that there should be other employee but he was alone. because my son was fresher and started the carrier he needs senior for his future growth but there was non except him and employer, on the very first day of his duty employer gave EMPLOYER AGREEMENT COPY and told him that read it and signed it, he signed it after light reading and employer gave a unsigned photocopy to him (no signature of employer). After two days I seen it from home, in it there are few points that my son can not work in the same field after resignation till two years and can not join in competitor company, *****

The terms in the appointment letter relating to not working in competitive field for any period of time is invalid and illegal and therefore not enforceable. This is specifically covered under contract act and numerous court cases. So you are not liable for anything. He can join a competitor the next day if he wishes.

**** I raised this issue on phone with the employer he told me that I will ask from his lawyer, but employer did not respond it. In employee agreement its clearly written that employer can terminate him in a week notice period, nothing written for employee, after a week service my son and I discussed that if there is no senior or other other staff to guide him, then there is no point to work there. So he give resignation via mail with immediate effect, not notice period served, after that employer respond it with bad intention that he can not accept resignation and service notice period of one month, told him to do some formalities. ******

In general practice, resigning without notice is a bad thing. He should have completed his work and handed it over. There may be work that is in the pipeline that was to be assigned to him. But if the appointment letter has a 2 week notice period, then only 2 weeks applies and not 1 month.

**** But my son not gone in employer studio, after a week period employer again respond that you did not correspond to him and he email to my son that my son has worked on some sensitive data and also shown some sensitive data to my son, either be present in office or I will take legal action, employer also contacted to my son institute that I will file case against my son because he theft his data, my son also clarified to institute that he has bad intention. *****

Just because he has seen some sensitive information does not mean he has to go and work there. However, you need to take -preemptive action. Find a sympathetic police officer through all contacts you have, and make a NC at the police station, that you are being harassed and threatened of false complaint by the employer.

****I also contacted to employer and discussed the matter he was threatening that either sign NDA (non disclosure agreement) or he will file the case against my son and no employer will touch him. I also agreed if nothing is objectionable in NDA my son will sign it. Till now I have not received NDA. Although nothing is mentioned in agreement about the employee resignation or notice period or NDA. If he insists notice period, he can take my son one week salary in lieu of. ****

There is no need to sign an NDA now. If it was not signed before, then you are under no obligation to do so now. In any case, normal rules of trade secrets and tort applies, so as long as your Son does not misuse the information he has, there is no problem. You need to go to the institute also and complain to them for sending your son to such a bad company.

If the employer does file a case, you will need to take the help of a lawyer to tackle the matter.

From fifteen days we are in big mental tourture created by him.

I put my case honestly, please suggest me if employer takes any legal action, how can I protect my son interest. I am in big worry he is going to start his carrier and finds such bad employer.
19th July 2016 From India, Mumbai
Very well advised by the learned member @Saswatabanerjee. Please follow what has been advised above. There is nothing to worry about at this point of time related to his employment/ bond/ NDA etc.
However, as an abundant caution, you should lodge a formal complaint before the police station against the employer that the said employer is threatening you with legal cases/ theft charges. You can also intimate the college authority who referred you to this company.
19th July 2016 From India, Kolkata
Dear Rakesh,

you have asked 02 query whether -

(1) Query about your Notice period _ Any employer has the right to recover the Notice period as well as to to drop out also. so first see your Appointment letter whether its mention about your notice period recovery then it will and one more thing if you have received the your Appointment letter then all term & condition of the APl will be applied on you.

(2) for relation of Employer and Employee will be not closed till all Dues are cleared, because in every full and final payment there is a sentence clearly mention in below side of the format that -

I ......................... S/o ........................................ residence at ......................... working with M/s.................................... today on dated ....................... time ....................... i take my all dues from the aforesaid company and received a amount of Rs........... ( In word) as a Full and Final payment. from today onward there will be no any relation between me and M/s........................... as as employee and employer. if any default find then it will be totally responsibility of mine.

or

this is to certify that Mr................................... S/o ........................................ residence at ......................... working with our company M/s.................................... has received his all dues with his Full & Final Payment as a Rs. .......... ( In word). from today onward there will be no any relation between Mr.................... and M/s........................... as as employee and employer. if any default find then it will be totally responsibility of Mr.................... Company will be not responsible.,
19th July 2016 From India, Rudarpur
You can pay the company one week's salary in lieu of notice. It comes to square one as they have to -pay you for the one week's service prior to your resignation. However on record, it does not look good on you for not fulfilling the one week's notice on resignation.
19th July 2016 From Singapore, Singapore
Sir i go through all documents. Nothing mentioned about any notice period. Only mentioned for termination from employer side one week. One week notice for termination to employee. Thanks
19th July 2016 From India, New%20Delhi
#Anonymous
hello all,
I have left my last employer(big MNC) in 7 days(2days induction) and I am experienced candidate also they haven't provided any sort of training even I worked from very first day. now they are asking for 2 lacs as per the service level contract. am I liable to pay??
21st July 2016 From Canada, Toronto
HI I am Drake From Uganda in East Africa, i am a fresh graduate with bachelors degree in Business administration majoring n finance,i can do any kind of job
21st July 2016 From Uganda, Kampala
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