Use factoHR and automate your HR processes
Mobile-first hire to retire HR and Payroll software that automates all HR operations and works as a catalysts for your organisational growth.
The details mentioned here seem to be mixed up. So I am putting across what I have understood. You had attended the interview and had asked about whether there would be night shifts or 24/7 support for which you had been informed that this would not be there. But after joining the company, you have been asked to do the opposite and after you refused and stopped attending work, within 1 week a termination notice had been issued from the company, after which you have been asked to pay 2 Lakhs for not serving the notice period of 45 days.
The first thing you need to check is as to whether it has been mentioned in the employment letter that you had signed, that you have to provide 24/7 support or work in any shift assigned by the company. If there is no such term, then you can thus let them know that you have not been informed and area ready to work only in the day shift. If the term is there is in the employment letter, then medical reasons can be what can be cited and even a medical certificate can help, as a lot of employee face this medical problem.
The second thing is that no company can issue a termination letter and recover the notice period payment from the employee. This is because a termination is a non-voluntary exit and it can not be executed without a proper inquiry having been conducted between the employer and the employee. So, there is the chance that what you have received is actually a dismissal letter stating that you have absconded and hence needs to pay the company for the notice period which you have not served. For declaring an employee as absconding a company should have sent at least 3 letters of concern to the employee's residential address on record, with at least a duration of 14 days for the employee to respond. After that, a disciplinary inquiry meeting should have been conducted and if the employee has still not attended the meeting or responded, then in the absence of the employee or ex-parte, the decision is taken as absconding and the dismissal letter issued.
What you can do is that you can provide your e-mail correspondence with the HR team as evidence that the company was very much in touch with you and that hence this dismissal is unjustified. You can then offer to serve the 45 days notice period citing medical reasons on night shift work and then offer to serve in the day shift. The company then has no other option other than to oblige and allow you to not only serve the 45 day notice period, but also to pay you for it.
From India, Bengaluru
Thank you so much for the response,
I have email communication with HR on my absence and the reason behind it. In general though they mention in offer that we need to be flexible as per the project requirement and it will project specific not every project need 24/7 support, in my case yes in offer it is written to work as per the project requirement but no were mentioned to give support for 24/7. In email which i communicated to HR also i mentioned that business is asking me to support 24/7 which am not ready if this i was informed during interview itself i would have reject at time only and later after a week i received termination letter and then F&F to pay for notice period amount which is 2 lacks.
If the appointment letter only says that you should "work as per the project requirement" this becomes a vague terminology which has no legal standing, because the company has to be specific if they intend to take an employee for a 24/7 support project, especially when it creates changes in the individual's daily life routine and impacts personal life. Without specific details whether the requirement is ethical or unethical cannot be judged and so this term is not binding.
With regard to the termination letter, if the company has already terminated your services, then they cannot make any recovery from you, because the company has terminated your services and not you resigning from the company. On the other hand if it is a dismissal letter on the basis of absconding, you can offer to serve the 45 day notice period in the day shift.
From India, Bengaluru
pradeep-kumar1Hi Nelson, Thank you so much for the valuable information.