Thread Started by #LegalChetan

I was working with a company and immediately left that job without giving any prior notice due to some policy related issues as given below.
Working Hours - They are asking to work more than 8 hours (8 Hours and 30 Mins per day), Only Sunday Leave was there.
Leave Policy - No proper leave policy, they only provide one day paid leave in a month if you inform them prior. If you do not informed them prior they will deduct two day salary. Also if you are not taking any leave in that month, this leave will not going to be carry forward in next month.
Salary from another company's account - They offered me letter from XYZ company but paying me salary from other company's account say ABC which is child of XYZ (I don't know whether its on papers or not).
On offer letter they mentioned that I will not leave the company in any circumstances during the month of specified time as per joining that is 1 year from my joining date otherwise than penalty charged legal action will be taken by company. But what kind of action it's not mentioned on offer letter. (Imp to mentioned this is mentioned on company's letter had not on any [Nottery] legal bond papers).
Also at time of joining the kept a bank cheque which I have cancelled.
Now they are threatening me to take any legal action, I am not entertaining them.
Should I worry for any legal action?
Also I was in probation period in which they can fire me at any time with giving any reason and time.
23rd August 2018 From India, Indore
You dont have to worry about any legal action from the company.
How long did you serve?
Company is not on strong legal footing to take legal action against you.
23rd August 2018 From India, Pune
Its 1 Month and 20 days around, I was there......
Although, they tried to encashed the check but failed as I have already cancelled the check.
Could you please let me know what response should I give them if they call me again, so that they stop irritating me.
23rd August 2018 From India, Indore
Hi
Though it is not very clear but from what I could understand is that you left the company without giving them notice[as required] and now they are threatening you with legal action.
Please note that the exit clause applies to both the parties and it is not legally tenable to be made applicable from one side only. So long as you do not want to put this experience on your resume, you need not worry about having cordial relations nor going back to them and requesting them for relieving letter etc. Just move forward and see that you cut all the connections including phones from any of the employees as it might lead you to issues.
Till they send you a valid legal notice do not bother to respond or get irritated with the calls. Block the numbers as it comes or change the number for good. Make sure you learn from your mistakes and not to accept any such offers in future which is not clear.
Good luck, keep moving.
Thanks and Regards
23rd August 2018 From India, Hyderabad
@Aks17 - You can say I just absconded. In probation period they can fire me at any time with giving any reason and time, I left in probation period only.
After completing the probation period notice period was one month.
23rd August 2018 From India, Indore
Hi
Looking back it is easy to say that we could have done this or that, but that is past. Since you left during probation it should not be much of an issue as the company cannot claim to have lost something due to your sudden/abrupt departure without intimation. Rules of natural justice seeks the notice period to be equal on both sides. Absconding in this case may be used in a generic meaning, legally it cannot be termed as such as the employer need to send letters/emails to pursue and then comes the notice being sent over, before you can be termed as an 'absconder'.
Just forget it as an passing phase and move on.
Thanks and Regards
23rd August 2018 From India, Hyderabad
Hi,
I agree with seniors sharing their views on this post.
I just want to highlight few things:
"Working Hours - They are asking to work more than 8 hours (8 Hours and 30 Mins per day), Only Sunday Leave was there." = Mostly companies hire candidates that work for stretch after office hours, same is applicable to some employees who voluntarily stay after office hours to get work done. This is commitment and dedication, not by force. Staying late cannot be a reason to quit.
"Salary from another company's account - They offered me letter from XYZ company but paying me salary from other company's account say ABC which is child of XYZ (I don't know whether its on papers or not" = That organization might be sister concern for your company in terms of payroll distribution, nothing wrong with that. Many MNCs based out in India hire candidates on 3rd party payrolls and after confirmation with good performance select them on company's payroll. If you have received salary slips, then you are all good, being paid by another company should not be a reason to quit.
I wish you best of success ahead.
Thanks and Regards,
Akash Sharma
23rd August 2018 From India, Delhi
Just Got an email from their HR Person as Given Below -
------------------------------------------------------------------------------------------------------------------
It has been observed that there has been series of unapproved/unauthorized leaves taken by you even after communicating the set expectation from our end.
There have been incidents wherein you had promised to report to work and would keep us posted with your leaves but, there has been sheer and willful negligence from your end towards your duties.
There have been series of follow-up's from our end but, it seems you are taking it for granted and avoiding your responsibilities.
Please treat this e-mail as a final warning to you for not obeying basic discipline. Any, instance further will trigger us to take disciplinary action on you.
Looking forward to hear from your end on or before Monday otherwise, will take action on you.
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Should I response to this email. If yes may I know what would be perfect response that they will stop threatening me.
As per Aks17 - exit clause applies to both the parties and it is not legally tenable to be made applicable from one side only. Should I say about the probation period clause? In which they said "During the period of probation or extended period of probation this appointment can be terminated by company side, without any notice and without assigning any reason".
Looking forward to help from you guys....
25th August 2018 From India, Indore
They tried to encased my cheque, which returned unpaid by bank due to technical reasons.
Although didn't get any legal notification from them.
I am a bit tensed due to this reason, would be great if guys can help me with this.
6th September 2018 From India
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