Concerned About Future Employment: How to Handle a Recovery Notice Without a Signed Contract?

To all my seniors,

Below is my case:

I joined a X Company and accepted their offer letter through mail. I stayed in that company for around 1 week and 3 days. Within these days:

1. On the joining date, I filled out all employee information, PF transfer, and company insurance.
2. I didn't sign the hard copy of the offer letter.
3. The offer letter had no clause about the Notice Period; it only mentioned the CTC and the Date of joining.
4. I didn't sign any appointment letter or Company Rules or Policies for employees.
5. My employee ID was under process, so I was provided a temporary ID on a daily basis for access.
6. I inquired about my NP, which they mentioned as 1 month for the Probation Period and 3 months upon becoming Permanent, verbally.
7. I got a good offer and resigned. The HR department said I had to serve the 1-month Notice period, which I refused. Upon my refusal, they threatened me by blacklisting me in NASSCOM and putting an absconding case. I took it lightly and left the company after completing all the termination procedures, such as filling out the Exit Form and Clearance Form and obtaining all department heads' signatures.

Now, after 3 months, I received an email from HR regarding a Recovery Notice (not a hard copy), where they mentioned a significant amount to be recovered. On paying it, I will receive the Relieving Letter. They didn't mention any details.

My concerns are:

- I don't want the Relieving Letter since it's of no use to me, and I don't want to show it to anybody.
- What if I don't pay the amount?
- What should I do now, given that I don't expect any help from the HR Department, which threatened me with blacklisting and putting an absconding case on me?
- I am more concerned about my future employment if I don't pay the amount and they blacklist me or file an absconding case.
- The only power I have is that I didn't sign the contract with the Company.

Please suggest what I should do now. I have not replied to the email.

Regards

People like you are becoming ubiquitous on Cite HR. Not sure, still joined; wanted to leave but will not follow due process. There is always a better offer awaiting. Just think once, how many companies can you leave like that!

You have no escape except talking to the concerned HR, pleading with them, and getting the HR department to agree to a sum which you can afford. They can potentially do a lot of things: blacklisting, absconding case, loss due to disappearance, negative background verification, etc.

From an HR point of view, or if you want to see it from your perspective, what you did was not acceptable in any corporate setting. When you received a new offer that was beneficial for your career growth, there was an opportunity to handle the situation differently. If you had calmly discussed the matter with the appropriate authority and made a polite request, it could have been resolved. It is possible that you were pressed for time and could not provide a notice period, leading you to leave the company abruptly. However, it is essential to acknowledge the responsibilities that each person holds within their role, and now consequences have arisen as a result.

HR should maintain a mutual understanding with employees, and any necessary actions should have been taken at that time, not now when the individual has already moved on in their career. It seems as though you are attempting to disrupt someone's life due to adherence to rules and values. Consider what HR gains by potentially blacklisting you or taking similar actions – ultimately, nothing positive. Years from now, when HR reflects on this incident, there may be regret over the decisions made.

My advice is to review all documentation that you have. If there is any mention of the situation in signed agreements, you may be held accountable. If not, there should be no need for verification or reference to this incident in your career path. Therefore, a relieving letter may not be necessary. If any action is taken against you that is not valid, respond with evidence from your documentation where you did not sign any agreements outlining a notice period. Additionally, if you did not receive any original identification or similar documents from the company, challenge their actions by presenting your case with the appropriate documentation.

Kindly respond to the same email in a composed manner, stating that you completed the Full and Final settlement form correctly, obtained signatures from all departments, and there was no mention of a notice period. Request a copy of any document signed by you that contradicts this information.

Thank you.

You have given a lengthy post, yet one important point is missing. Did the company provide you with an Appointment Letter? You mentioned that you did not sign the appointment letter. Does this imply that the company issued it without obtaining any signature? Did the company also send you the soft copy of the appointment letter? If the company intends to pursue legal action, they must be able to demonstrate in court that you received a soft copy of the appointment letter. This may not be a straightforward task.

If the company has not issued a letter of appointment outlining the terms and conditions of employment, any notice from their end holds no significance. Did you receive the recovery notice via email?

If you have already left the company after ten days, then these matters may become irrelevant. Unless the company can provide substantial evidence of the terms and conditions of employment, they may not be able to take legal action against you. As for NASSCOM, I am not well-versed, but I am skeptical about the existence of any blacklist. I suggest contacting them for clarification. When you reach out, maintain anonymity and pose as an HR representative inquiring about blacklisting an absconding employee.

Regarding your statement, "Which I taken Lightly and left the company by completing all the termination procedure, such as filling Exit Form and Clearance Form and obtaining signatures from all department heads," ensure you have retained copies of these forms.

For Shantanu and Atul: You have indeed provided a detailed post; however, it seems you may have rushed to favor one party. In the scenario described, both the employer and employee appear to share blame. It is essential not to take sides hastily, as both parties may be equally at fault. Why did HR not issue the appointment letter to the employee even after ten days? These questions need addressing. According to the Karnataka Shops and Establishment Rules, 1963, an appointment order must be issued on the day the employee joins the company.

Regards,
Dinesh V Divekar

It's not about jumping the gun in favor of one party but about determining who is more right or less wrong!

Contractual Relationship and Employment Status

An appointment letter, or rather the absence of one, does not negate the existence of a contractual relationship between Deb and the company. Deb's acceptance of the soft copy of the letter, company insurance, PF transfer, and temporary ID is sufficient evidence to establish his status as an employee. Additionally, the HR department requesting only a one-month notice period cannot be considered excessive by any standard. In my opinion, Deb failed to recognize the broader context of adhering to the terms of the job contract.

Exit Formalities and Absconding Accusations

I also question whether exit formalities were completed, as the situation would not have escalated to a point where Deb was labeled as absconding. If proper exit procedures had been carried out, the accusation of absconding seems unjustified.

Understanding the NASSCOM Blacklist

Regarding the NASSCOM blacklist, it does exist. However, it is not a traditional blacklist but rather a database where companies update their employees' records. This database serves as a resource for BPOs and IT companies to conduct assessments and background checks. A negative entry in this database is informally referred to as blacklisting.

I hope this clarifies the situation.

Best regards,
[Your Name]