Hi, I received an offer letter but not received any Appointment Letter from the employer even after 2 months of joining and denied some of the benefits, which was promised to be included in appointment letter. After 2 months I discontinued the office but connected with manager and colleagues then after 2 weeks I got an absconding mail from HR. What to do?
From India, Nainital
From India, Nainital
Dear Srivatsav,
Though you were not given appointment order in writing, your joining pursuant to the offer and serving for about two months in the organization indicate the facts of your acceptance of the offer and commencement of the contract of employment. Termination of the contract from your side for any reason as alleged by you could be as per the terms and conditions mentioned in the offer only. Even, the consequences of non compliance of certain agreed or assured conditions would also be impliedly included in the offer. But there is no mention in your post about the contents of the offer. Yet, in my view, your wanton abscondence can not be a proper one.
Better try to do some patch up and avoid termination of your service on the ground of the misconduct of abandonment of employment which would have a long lasting adverse impact on your future employment elsewhere.
From India, Salem
6016Though you were not given appointment order in writing, your joining pursuant to the offer and serving for about two months in the organization indicate the facts of your acceptance of the offer and commencement of the contract of employment. Termination of the contract from your side for any reason as alleged by you could be as per the terms and conditions mentioned in the offer only. Even, the consequences of non compliance of certain agreed or assured conditions would also be impliedly included in the offer. But there is no mention in your post about the contents of the offer. Yet, in my view, your wanton abscondence can not be a proper one.
Better try to do some patch up and avoid termination of your service on the ground of the misconduct of abandonment of employment which would have a long lasting adverse impact on your future employment elsewhere.
From India, Salem
Dear Umakantan Sir,
here are the terms which are stated in the offer letter..
1- Employment will be confirmed subject to documents verification of Documents provided.
2- The Appointment letter will be issued to you within one month of acceptance of offer letter.
3- The Notice period will be 60 Days.
but initially i rejected it and after some negotiations i joined after 1 month from the joining date which was mentioned in the offer letter (as per Offer letter join date should be 8 Oct. 2018 but i joined 1 Nov 2018)
Where do i stand ???
From India, Nainital
here are the terms which are stated in the offer letter..
1- Employment will be confirmed subject to documents verification of Documents provided.
2- The Appointment letter will be issued to you within one month of acceptance of offer letter.
3- The Notice period will be 60 Days.
but initially i rejected it and after some negotiations i joined after 1 month from the joining date which was mentioned in the offer letter (as per Offer letter join date should be 8 Oct. 2018 but i joined 1 Nov 2018)
Where do i stand ???
From India, Nainital
Dear Srivatsav,
You have not mentioned what transpired between the management and yourself in the negotiation based on which you joined the organization or whether the offer was modified officially as a result of such negotiation. Thus your decision to abscond was prompted by two reasons - one is that you were not served with the appointment orders even after two months of your joining and the other is that you were not given the benefits as promised.
When the employer fails to implement certain clauses as renegotiated even after a lapse of reasonable time, you could have unilaterally terminated the contract of employment by simply resigning.
Therefore, it is not clear to me why you chose to abscond instead of resigning and maintained your contact with the manager.. Perhaps, you might have an inherent liking for the job or the organization but for the non-issuance of the appointment orders and the non-implementation of certain benefits you desired and the management agreed in the later negotiation. So, can I presume that you staged an abscondence drama just to bring the management to terms?
Legally speaking, you became the employee of the organization even in the absence of an appointment orders and served for about two months. Had you felt that the non-compliance of appointment orders and benefits issues are violation of the employment contract by the employer, you could have submitted your immediate resignation even without notice as an indication of your protest. Else, you could have resigned complying with the notice condition.
Now, by absconding as you admitted, you have subjected yourself to disciplinary proceedings for the misconduct of abandonment of services which may even end in your dismissal and to avert this the employer can insist on serving the notice period or payment in lieu of notice.
If you are particular about the future of your career as a paid employee, decide accordingly.
From India, Salem
You have not mentioned what transpired between the management and yourself in the negotiation based on which you joined the organization or whether the offer was modified officially as a result of such negotiation. Thus your decision to abscond was prompted by two reasons - one is that you were not served with the appointment orders even after two months of your joining and the other is that you were not given the benefits as promised.
When the employer fails to implement certain clauses as renegotiated even after a lapse of reasonable time, you could have unilaterally terminated the contract of employment by simply resigning.
Therefore, it is not clear to me why you chose to abscond instead of resigning and maintained your contact with the manager.. Perhaps, you might have an inherent liking for the job or the organization but for the non-issuance of the appointment orders and the non-implementation of certain benefits you desired and the management agreed in the later negotiation. So, can I presume that you staged an abscondence drama just to bring the management to terms?
Legally speaking, you became the employee of the organization even in the absence of an appointment orders and served for about two months. Had you felt that the non-compliance of appointment orders and benefits issues are violation of the employment contract by the employer, you could have submitted your immediate resignation even without notice as an indication of your protest. Else, you could have resigned complying with the notice condition.
Now, by absconding as you admitted, you have subjected yourself to disciplinary proceedings for the misconduct of abandonment of services which may even end in your dismissal and to avert this the employer can insist on serving the notice period or payment in lieu of notice.
If you are particular about the future of your career as a paid employee, decide accordingly.
From India, Salem
Dear Sir,
I was promised over the phone by HR, and she said that the will be mentioned in appointment Letter and I have never received any revised or renegotiated Offer Letter.
The terms offered was as below...
1.The variable part of emolument will be fixed.
2. Certain amount of reimbursements (670 Pm.) Which was latter reduced to 150 pm.
Since I didn't have any other opportunity in hand so i couldn't think of resigning.
I was assured by the Director to comply with appointment letter and those terms on the mail, later they did nothing.
Sir !
Now I don't want to continue there and I have already forwarded my resignation yesterday.
How should I proceed further ??
From India, Nainital
I was promised over the phone by HR, and she said that the will be mentioned in appointment Letter and I have never received any revised or renegotiated Offer Letter.
The terms offered was as below...
1.The variable part of emolument will be fixed.
2. Certain amount of reimbursements (670 Pm.) Which was latter reduced to 150 pm.
Since I didn't have any other opportunity in hand so i couldn't think of resigning.
I was assured by the Director to comply with appointment letter and those terms on the mail, later they did nothing.
Sir !
Now I don't want to continue there and I have already forwarded my resignation yesterday.
How should I proceed further ??
From India, Nainital
Dear Srivatsav,
Value system in the realm of employment has deteriorated, now a days, to the extent that whenever people, whether be the employer or the employees, are in a legally advantageous position, they simply forget their ethical commitments. So every prospective employee should be more vigilant in accepting any employment offer and he should not be easily carried away by the oral acceptance of any counter-offer proposed by him.
Coming to your problem, I wish that the management does not turn down your resignation on the ground of your abandonment of job. Therefore, in the interest of your peaceful exit from the present organization and future employment I would suggest that if it is insisted, you may pay the notice amount and make your exit smooth and peaceful.
From India, Salem
Value system in the realm of employment has deteriorated, now a days, to the extent that whenever people, whether be the employer or the employees, are in a legally advantageous position, they simply forget their ethical commitments. So every prospective employee should be more vigilant in accepting any employment offer and he should not be easily carried away by the oral acceptance of any counter-offer proposed by him.
Coming to your problem, I wish that the management does not turn down your resignation on the ground of your abandonment of job. Therefore, in the interest of your peaceful exit from the present organization and future employment I would suggest that if it is insisted, you may pay the notice amount and make your exit smooth and peaceful.
From India, Salem
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