umakanthan53" Look before you leap " is a meaningful proverb in all real life situations and employment is not an exception. Your narrative shows that only half-heartedly you accepted the appointment and joined the company. However, you cannot negate and nullify now your appointment just like for the obvious reasons you stated. You have to strictly follow the rules of exit before you move out. Otherwise, you would be in for more trouble in future and in fact it will affect your employability elsewhere very adversely.
From India, Salem
Dinesh DivekarDear member,
While you have asked the query, before giving any suggestions, we would like to know the complete facts of the case. Therefore, please provide the following information:
a) Were the terms and conditions of the employment disclosed during the job interview or any time during the recruitment process? Were the terms and conditions mentioned in the offer letter?
b) When did you join the company and when the appointment letter was issued? What is the difference between the two?
c) Have you accepted the appointment letter? Have you just acknowledged the receipt of the appointment letter or you have accepted the terms and conditions of the letter also? Have you given the company any separate letter on acceptance of the terms and conditions of the appointment letter?
d) Why you have stopped reporting for the duties? What is the reason?
e) You say that the compensation offered is less. However, during the recruitment, was the topic of compensation discussed? Did you agree to the offered amount? Is it that the amount agreed was more but when you actually joined the duties, the amount offered was less? If yes, then by what amount?
Position of Indian Contract Act, 1872: - The appointment letter is a contract and any contract is legally enforceable provided both the parties agree to it. The terms and conditions of the contract should be acceptable to both parties. Yes, as Mr Umakanthan Sir has pointed out, you could have asked for a copy of the appointment letter through email or on a simple A4 sheet, understood the terms and conditions and then joined the company. However, not many companies agree to do it.
Nevertheless, you don't have to lose your complete hope. No company can force employment on you. If a few terms and conditions of the employment are not acceptable then write to the MD of the company which terms are not acceptable to you and what change you do you propose. Let us wait for the reply. Lastly, please note that it is better to handle this case under the provisions of the Indian Contract Act, 1872 rather than regular labour laws.
From India, Bangalore
PRABHAT RANJAN MOHANTYDear Friend,
At this stage you can not reject and refuse your appointment after joining the company.
You are left with one option to resign and work till completion of your 60 days notice period. If you are not doing so, your company may prosecute you breach of contract.
The terms of termination with 7 days notice is not legally sound and holding of original testimonials is also illegal.
It would be best for you to resign immediately citing the reason that the appointment letter issued is not as per our discussed terms & conditions, the appointment letter issued to me after 10 days of joining by hiding the facts from me. Therefore, the terms of notice period does not apply to me as the appointment letter not issued to me prior to joining.
You can consult a lawyer to take his opinion other than our suggestion.
From India, Mumbai