Facing Unexpected Resignation Demands: Can My Former Employer Take Legal Action?

I was working in a well-known organization for a month as a trainee. I had to discontinue my services due to a health problem, and I am even going to undergo surgery soon. Finding the work unsuitable for my health for a longer period, I resigned. I had already conveyed the message to my boss on the 30th of October that I wouldn't be able to continue. He even agreed through an SMS. I didn't even ask for my one-month salary.

Later, the HR called me and told me to come to the company, give a formal resignation, pay the company 2 months' salary, complete all formalities, and then leave. Now it's been a week since I left the job. I even sent them a formal email for approving my resignation along with my medical certificate. They acknowledged it but are telling me to come, pay the company, and complete all formalities.

Firstly, I cannot and do not want to go to the company again as I am not fit and can't travel so far for a month. Secondly, they are telling me to pay 2 months' salary. However, in my appointment letter, it's nowhere written for trainees that the termination has either a 2-month notice period or 2 months' salary, nor was I told about this before. I came to know this now. In my appointment letter, it's written of a 3-month notice period or 3 months' salary, which I guess is not applicable to me as a trainee. I didn't even ask for a salary as I had a health problem that happened suddenly.

Now they have emailed me to come and clear all dues by this week and complete the exit formalities. I don't want to pay them as I can't afford to, actually, as I have suffered a lot of loss since I didn't get paid plus my one-month travel expense, and above that, now they are asking me to pay for another month to clear 2 months. But I wasn't aware of this. Please help me. I don't want to go to the company and don't want to pay them. I also want to solve this matter soon. I would like to know if I don't go there and don't pay them, will they take any legal action against me or trouble me? Please help me to come out of this soon as I am going to get operated on in a few days and want to be tension-free.

Regards.

Firstly, I suggest you focus on your health, undergo the operation, and then consider addressing this issue. Your company is already aware of your health situation, so you should not worry excessively.

Next, read the clause carefully. Is there anything specific mentioned about trainees or probationary employees' notice periods? The clause you mentioned does not specify anything, and hence, it can be assumed that it is the same for all employees, including you.

This situation completely depends on your company and whether they would like to pursue legal action. If possible, you can try to resolve the issue amicably by discussing it directly with them.

Regards.

As this is not mentioned in your appointment letter or informed to you at the time of joining, then you don't have to make any payment. Legally also there will be no problem. In case they have given you any kit or any other things while joining that firm, kindly arrange for it to be returned.

So Swati, please relax and take care of your health. Get well soon.

Regards,
Anita

Relax and take care of your health first. As you worked only for a month, that means you are in a probationary period, and during this period, a notice period doesn't usually apply. Please review the clause regarding the probationary period in your appointment letter and get back to me.

However, take comfort in knowing that your one-month experience is not going to add value anywhere, and you may start fresh as a beginner somewhere else.

Regards,

Legal Concerns Regarding Notice Pay

The problem with her is not whether to show that experience or not. The concern is very clear: whether the company would pursue legal action for notice pay or not.

Regards

Legal Implications of Resignation Withdrawal

Legally speaking, as your resignation is not yet 'accepted' by the company in writing, you are still in the employment of the company. You can withdraw your resignation any time before it is accepted. You are not liable to pay 2 months' wages as you have resigned and not given notice to leave employment. In law, these are different concepts. The employer can choose not to accept the resignation, but there is no question of accepting or refusing 'notice'. Further, it seems there is no notice clause in your appointment letter. Therefore, the demand of the company is totally unjustified and illegal.

You can take action accordingly.

Best regards,

Sameer Paranjape
Advocate (Labour Law Consultant) Pune
[Phone Number Removed For Privacy Reasons]

Share knowledge .... gain knowledge ....

My resignation request, which was sent by SMS as well as email with an attached medical certificate, has been approved. My doubt is that the HR representative recently informed me orally that for trainees' termination, it is either a 2-month notice or pay. In my appointment letter, which I have signed, it is written as a 3-month notice/pay, which I think doesn't apply to me as a trainee, where it is 2 months. Since I have only worked for 1 month and am leaving due to a genuine reason, is it compulsory for me to pay the company 2 months' salary?

Also, they have instructed me to come by this weekend to clear the payment to the company, complete the exit formalities, and all. However, I do not wish to pay them or go there.

Issues to Address

Firstly, based on the information provided, please advise if I am legally obligated to pay them 2 months' salary. Secondly, what actions might they take if they have asked me to complete all formalities and make the payment, but I avoid responding or going there?

Please provide advice and assistance as I have limited time on hand.

Regards

Well, I don't think that for such a reason the company would go legal. Also, you've been their employee for only a month, but if they want to set a trend to show their employees, they might make you the guinea pig. You can avoid paying, and in addition, also any legal proceedings only if you have verbal communication with them. When nothing is specified in the appointment letter, you are not legally liable to pay them. However, check if the company policies (other than the appointment letter) mention such a clause.

I think you're confused between a trainee and a probationer.

A person on probation usually serves a 7-15 day notice period. A confirmed employee serves a 1 to 3-month notice period. A trainee is not necessarily on probation unless explicitly specified. So the clauses for a trainee are the same as mentioned in the clauses. However, it would be the candidate's responsibility to inquire and clear any doubts before accepting the offer.

Now in your case, if you had forwarded your resignation via email to HR when you mailed it to your superior, it might have made a difference. Of course, rules cannot be changed even if we take into consideration the genuineness of your problem.

However, what you can do is go and meet HR in person and try to explain why it is difficult for you to travel and serve the notice period. Also, mention that you were not informed about the separation clause and neither was it mentioned in the offer letter (I doubt if they would buy it, as I said before also, you too never asked about it but there's no harm in trying). Carry all your medical certificates.

Also, just to inform you, it is the duty of a candidate to tell HR about any health issues he/she has before you even join. This will help them make a decision or consider your candidature in a better way.

All the best.

Impact of Company Policy on Employment Terms

If it's not mentioned in the appointment letter but is included in the company policy, how does it affect me? Please explain.

You have a genuine problem, and so you quit your job, which is okay. As it has already been mentioned, Mr. Sameer Paranjape and others have advised you to ignore it. Remember, if you are too sensitive, people will try to take advantage of you. As I have already advised you before, please take care of your health and ignore them.

Preparing for Future Employment

As you prepare to work in the future, remember to always clarify the terms before accepting any job. Also, remember to inform HR when you decide to leave the job. It is unfortunate to acknowledge that there are many organizations that attempt to extract as much as possible from their employees. They are testing their luck; if you pay, it is their gain, and if you don't pay, it is still acceptable to them. Once again, I would like to urge you to ignore all this and prioritize your health.

Regards,
Anita

This was a suggestion given to keep the person relieved from the pressure. Before this, I mentioned that the notice pay would not apply during the probation.

Addressing Your Concerns

Swati, do not dwell on this matter any further. What you think is not important and does not hold weight in the court of law; what is agreed upon and documented is what truly matters.

Simply make one request to the management to waive your notice period as you are unable to serve it, and request to be relieved immediately.

Regards,
Rahul

A two-month notice for a trainee is not heard of. Ankita has clarified well about the notice period which a trainee/probationer or a confirmed employee usually has to serve. I think you need to read the clauses of your appointment letter more carefully, and it will solve your problem as a two-month notice period may not be applicable to you at all.

Now let's talk about the practical aspect. You have a genuine reason to tender your resignation, which you did, and the same has been accepted through SMS. The HR Department has its worries and numerous (many times unnecessary) engagements, and it doesn't have time to chase every leaving employee, especially a fresh one-month-old trainee. You may get a letter or two; just ignore it, be relaxed, and undergo treatment. It is necessary that you go for surgery stress-free. Nothing will happen to you, I assure you.

Regards,
Rakesh Pd Srivastav

Generally, most companies have a notice period of 1 month. If your appointment letter states a 3-month notice period and 3 months' salary, this policy applies to all employees, including trainees. However, if you have a genuine reason for resigning, you can try to convince them by explaining your situation. Alternatively, you can inform them that you plan to return after your recovery.

Please prioritize your health.

Good luck!

First of all, relax and take care of your health. GET WELL SOON. Can you mention the line of separation from service? I think your employer has mentioned the clauses for the same. Also, read the Standing Orders of your organization (if your organization has them). Can you provide the wording of your appointment/offer letter? If your organization is well-known, they definitely have clauses for the same. After seeing the appointment letter, we can provide further feedback.

Kind regards,
[Your Name]

Understanding Company Policies vs. Appointment Letter

If it's not mentioned in the appointment letter but is included in the company policy, how does it affect me? Please explain.

Swati, like many other members, has mentioned that an employee is bound to follow company policies once they join the organization. Hence, even if there is a variation between the clause in the appointment letter and the company policy, or if there is nothing mentioned in the appointment letter at all, you are bound to follow the company policy.

However, if you have a genuine reason for not serving the notice period, the company can consider such grounds. Do not worry. Now, if they insist you pay the notice amount, you can inform them that you'll join the duties once you get well and complete the notice period. Alternatively, if you do not want to join that company for any reason, you should stop thinking about it and wait for the company to take the next step. Do what your morals tell you to do.

On my suggestion, you can go to your organization to meet your HR and your boss. Already, you mentioned that you have joined as a trainee. There are several legal points in favor of you which I could not mention here. Negotiate and finish nicely. This is the start of your career.

Regards,
Am. Hussain,
Divisional Manager HR-IR