Saswatabanerjee
Partner - Risk Management
+5 Others

Thread Started by #amktiwaril

I have given the resignation from my company after 45 days of joining. They had not a notice period till not received the appointment letter. They didn't provided the appointment letter till the date of my resignation. But they were forcing for serving the 30 days notice period. But i have left the company by serving 2 days notice period. They didn't accept my resignation and now they are not agree to pay the amount of my 19 days work.
So, in this case what will be the legal action against him for my FNF?
Please suggest me because this amount is more than 50,000 Rs.
21st November 2016 From India, Gurgaon
Its a good lesson to learn, always make all points clear before joining any organisation. Try and work your way through negotiating & explaining them. I am sure they will understand. All the best.
Also it all depends on how long you have been working with them.
21st November 2016 From India, Mahesana
If you are claiming, that you left within 2 days because you did not have an appointment letter and hence the clause is not applicable to you. The company can claim the same..i.e. they can claim that you never worked for them and that is why they did not give you an appointment letter.. in which case there is no question of doing a full and final settlement.
Please never assume clauses or actions, without having full knowledge of the repercussions.
The best way out here is to request company to settle your dues and end on a happy note.
21st November 2016 From India, Mumbai
Standard notice period is 1 month or 30 days. That is known to everyone, but custom and common usage.
Further, the model standing orders also provide for the same.
So whether you got your appointment letter or not, the Company is very much justified in asking you to fulfill it.
You didn't serve 2 days notice. That is a joke. You absconded and walked off leaving the company in a lurch.
Forget getting paid for 19 days, they should sue to recover the 30 days notice period.
Actually probably the first months payment made to you has been a waste of money for the company
21st November 2016 From India, Mumbai
Companies are not running for charitable trust, even you have not completed minimum probationary period or settling time. Being an employee it is not good practice, you should explain your situation whatever to the management and happily exit from there without minding any expectation. If there is any valid reason for exit, explain and request them for your dues. If management is not considered your request and pain for worked days, then initiate the action against the management with help of legal authorities.
21st November 2016 From India, Ariyalur
Since you have mentioned that the amount of more than Rs. 50,000/- for 19 days which means you were getting a salary not less than Rs. 80,000/- p.m. which states that you were hired for a higher post. It is really surprising to assume that a higher level personnel can join the company without an appointment letter and leave the company in lurch with 2 days notice. As Mr. Banerjee has rightly mentioned that the company probably must have mistaken in wrong hiring and hence wasted its first month salary.
With regards to your query request the company stating that during probationary period you assumed that there is no notice period hence left the company within 2 days.
22nd November 2016 From India, Ahmadabad
Thanks to all of you for your valuable replies. Actually i was hired as a Sr. team lead by company but they were giving me task as a L3 support. They were not providing me role and responsibility as per my designation and also they don't have sufficient project. At the time of hiring, they have stated that we are hiring for new project which has been started before 1 month. But when i joined then find out the project was assigned to another team and i was idle for 1 month and after that they provide me task as L3 Support in older project.
I found that my job was not secure there, thats why i decided to search for new job and luckily i found it and then resigned from company in 2 days notice period. If company can fire without notice period in probationary period then why it is wrong for employee?
22nd November 2016 From India, Gurgaon
Please sue employer for wrongly hiring and also for not settling final settlement, but before joing in senior position, you shoud always get in hand all related papers in hand then join, in a hurry if you join this will be the situtaion !!
22nd November 2016 From India, Ernakulam
There are some companies who give Appointment Letter after a month or more. Initially they just give you Offer Letter. Once you confirm offer from your side, then you have to commit for joining. Without joining you can not ask for Appointment Letter. After joining you left your old company, so if they give you Appointment Letter and you have objection then what can you do? Employee alone can not fight legally, because you know our court system, so they can't spare time to attend the court every time. Sometimes if new company come to know that the employee he hired is engaged in court matter with previous company, they will also think negative and will drop him sooner or later.
24th November 2016 From India, undefined
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