Did not Signed appointment Letter should i serve notice period - CiteHR
KK!HR
Management Consultancy
Bharat Gera
Principal Hr Consultant
Nathrao
Insolvency N Gst Professional

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I have joined a new organization but due to some health problem I have to leave the organization I also received the appointment letter but I did'not signed it now the company forced me to serve notice period and also asking for one month salary back. what should I do...??
Please help
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What are the terms and conditions given in your appointment letter?
Whether you have signed appointment order or not ,fact is that you have joined and worked.
What is the kind of health issue?
Give medical proof and see whether company accepts
We cannot make an organisation a 'Dharmashala' where people can come and go at their whims. You have joined the organisation and worked for some time (how long??) but did not sign the appointment order. By accepting the appointment order and working for some period, you have impliedly accepted the terms and conditions which were conveyed to you but was not objected you. Unless you comply with the requirement, this will remain a black spot and in case of background verification and this fact comes up, you will have to bear the consequences. Hence to take a technical plea that since since you had not expressly accepted the terms and conditions, you are not bound by it, is to say the least is unethical and not moral. It is always better to serve the notice period instead of taking refuge under some technical plea.
Dear Friend
You are in employment with establishment and have received the salary & perqusites. At that point of time you did not raise any querry whether comapny will disburse the wages or not as you have not signed the doc. Your joining with establishment is your acceptance and better comply the norms. The suggestion of Mr KK is for your behest. This is upto you or else ready for cosequence.
What are the consequences for not serving the notice period also what legal action can be taken by the organization ..??
You will have to pay back the amount of notice period pay as asked by the company.
It now appears that health issues were not important enough.
There can be several cosequences for the same. The HR would decide what they want to do since they are at liberty to resort any of the following actions.
As Mr Nathrao has already mentioned to "Pay in leiu of Notice"
Will not issue "Relive letter''
May issue negetive remarks if there is back ground verification
Can initiate a leagal case for non-payment of Notice amount.
No : if there is no agreement singed by employee then no required to pay or serve any notice period or payment.
If company ask him to leave company then company also will not pay the notice payment due to no agreement sign between employee and employer.
( Agreement means letter of appointment terms and conditions) that is clear no agreement then no company rules will be effective to him.
No : There is a rule to sign agreement on or before joining and here employee is no bounded to serve notice period any without agreement.
Yes : If agreement is signed by employee then employee should pay every thing as per terms and conditions.
Dwarika P Nautiyal
""If agreement is signed by employee then employee should pay every thing as per terms and conditions.""
The fact that employee worked indicates he had impliedly accepted all terms and conditions.
He cannot get away saying he did not sign.
Dear Friend,
Not signing the appointment order does not absolve from the responsibility as an employee. Once you sign & accept the letter, generally only those terms & conditions are binding upon you which you have accepted in writing.
By not signing the letter you have left the field open for the employer.
You have not given complete details about your appointment letter employment period, your position & location hence it is difficult to advice properly.
Warm Regards
Bharat Gera
HR Consultant
9322404765

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