Batty
I was working with a company for the last 1.5 months and then due to my personal issues I decided to leave and put a resignation on mail and asked to treat the same day as my last working day, after that they have disabled my all official account and assets. After a few days they reached me and said you have to pay for not serving notice period as per my offer letter it says, after confirmation of service, you have to pay a one-month base salary in lieu of notice period if less than 60 days, but they are saying as per company policy you have to pay two months CTC and threaten me if I don't pay they will do legal things and also communicate to my future HR. What should I do? Please help.
From India, Dehradun
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Drsivaglobalhr
Doctor Siva Global Hr
KK!HR
Management Consultancy

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umakanthan53
5883

Can you please upload the copies of your offer letter and appointment orders?
From India, Salem
Batty
Hi Uma,

Thanks for your quick response but I don't have appointment letter, may be due to I am in probation only, I have offer letter but I can't share but you can suggest me the things that can I check and confirm.

From India, Dehradun
KK!HR
1314

It looks like they are trying to frighten you, you said that the offer letter says you have to pay one month base salary if found to be short on notice period, so you strongly refute the suggestion for paying two month CTC amount. CTC claim is totally invalid as the company is not going spend any money after you left them and so it is entirely preposterous. Give them a strong reply pointing out the above.
From India, Mumbai
Batty
Thanks for the reply, but they are saying that it is mentioned in employee handbook of company and you need to be updated it's your responsibility, but I didn't get any mail for any such change in policy.
From India, Dehradun
indu 182
6

Dear Umakant ji

With due respect sir, I wish to say that any company when deploy a person in organization than spent good amount of time and money. And in first month minimum is induction period where employee just understanding the organization. In first month actually he/she is not giving any output. If a employee say that he is leaving the organization because he has got a good opportunity somewhere else. In this situation company has to do again the same exercise to find and depute a new person. This all involve money and time. What is your say on this. Why every time employer is on wrong side and employee is right.
Regards

From India, New Delhi
drsivaglobalhr
289

Dear Colleagues,

Employment is a serious business and one has to decide with all well thoughts before taking up an employment. If something is not appealing then he or she should not take up that offer and join the organization. The organization is spending money, time, energy in searching, selecting and on-boarding a talent for their business which is an important aspect from the employer's perspective. Here both are responsible to honour their side. The employer has to provide a good working atmosphere and honour whatever commitment given at the time of TA. The Talent has to honour and minimum period in my opinion is to serve for one year to understand the role and then decide to continue or quit. No one can judge the job within a month and then decide to leave which is a serious disturbance to the business. This one has to bear in future when taking up any employment. Decide, consult, check and then join or not to join.

On the other side when an employee is not interested to continue with an organization, the employer need not jump into penal action of sending notices/ asking to remit huge sum of money in the name of notice period wages etc. This is commonly happening and something internally the organization has to look and review what made the talent to decide so quickly to leave the organization. This is a serious subject for their managers to analyze and take corrective actions. Otherwise, so many future talents may also leave in short span of time. Here it is better to keep few talents in bench to immediately swap the talent in the vacant place so that business continues.

In the present matter the talent can not be forced to pay the " CTC" for particular months as normally it is only the " BASIC" pay unless otherwise the Appointment order is expressly mentioned and also agreed by the Talent.

All the Best, God Bless
Dr.P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu

From India, Chennai
umakanthan53
5883

Dear Indu,

Yours is a very pertinent question focusing on the genuine difficulties experienced by employers at times by the job-hopping done by certain indecisive employees. Therefore, there can be no generalization putting the blame entirely either on the employer or on the employee concerned. A situational perspective coupled with the aspects of legal compliance and feasibility of performance has to be adopted on case to case basis. In fact, the various case laws in India so far on the subject-matter of employment agreements requiring the employees to do compulsory service for certain predetermined years in the establishment after induction failing which to pay liquidated damages to the affected employer are based on this principle only.

Employment is always at will only.

One of the reasons for fixing the period of probation in the contract of employment emanates from this universally accepted concept not withstanding the nature of parameters associated with it. If the employee falls short of the expectations and assessment of the employer in terms of behavior and performance during the probation period, the employer can terminate his services without assigning any reason with or without notice as per the unilateral exit clause which is called as " discharge simpliciter" that is devoid of any stigma. Such an equal right is given to the probationer too if he is not satisfied with the work culture of the organization or career prospects or even the later availability of a far better offer from elsewhere or any other compelling personal reasons.

The objective of employment agreement imposing a compulsory service period after confirmation and the levy of penalty in case of breach by the employee is only to discourage the tendency to switch jobs after acquiring sufficient experience. However, the quantum of damages should be reasonable i.e., commensurate with the cost of recruitment and the cost of time, energy and money spent on imparting training to the employee. That's why such employment agreements are held to be enforceable subject to the reasonableness of the terms and conditions for there can be no life time contracts of employment.

At the same time, Indu, you will agree with me that if the recruitment process is effective, one will get the right employee who will stay long. If the employee retention for a considerably longer duration is the intent, the employer should devise his employee retention policy in such a way that trained employees do not leave their jobs for the sake of temporary monetary benefits.

Since Dr.Sivakumar has explained the unfair tactics actually adopted by both some employers and employees in this matter, I avoid going further in this regard.

If the reasons for exit is genuine, both the employer and the employee should be prepared to fulfill the exit conditions and strive to make the separation formal, friendly and peaceful by making mutual adjustments. What's the guarantee - the same employee may come back to you in future or you may require his services once again for a higher position.

From India, Salem
Batty
Hi All,

Many thanks for your sharing experience, we are now agreed upon one month base pay, and then they will release official mail stating my relieving.

Which mode of payment should be better in this case?

From India, Dehradun
drsivaglobalhr
289

Dear Colleague, Kindly go for ACCOUNT PAYEE CHEQUE Mode for this present subject and in general which is a safest mode and traceable later. Take Care, Dr.P.SIVAKUMAR Doctor Siva Global HR Tamil Nadu
From India, Chennai

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