Facing a Dilemma: What Happens If I Join a New Job Without Officially Resigning?

Hello all, I joined an IT MNC on 16th Feb 2015. On the joining day itself, I was introduced to the RMG group, who told me about my upcoming project in which I am going to be tagged. The project was different from my expectations. Also, I clarified during the interview process the type of project I wanted, and that's the reason why I am leaving my previous company. I asked them to allocate me to a project as per my experience and expectation, but they refused. The HR is asking me to either resign and serve the three months' notice period or pay the salary of three months.

I was not in a situation to serve the notice period or pay the amount, so I decided not to show up from the next day, i.e., 17th Feb 2015. Please help me with what can be the possible problems if I join another company without resigning. I just signed the offer letter on the joining day and not any bond. Please help me ASAP.

I am also in the same situation. I joined an MNC. On the joining day itself, I resigned from there but not with formalities. I just emailed them that I don't want to continue. Now I got a recovery letter of 2.5 lakh from that company. Do I have to pay the amount, or are there any legal issues?

There is no need to pay three months' salary. Since you appear to be in IT at a grassroots level, you are covered under the definition of a workman of the Industrial Disputes Act and governed by the Bombay Shops and Establishment Act, thereby being governed by model standing orders. Under Order 13(1), for a monthly-rated employee, only one month's notice or pay in lieu thereof should be given. If you are a probationer, termination rules may apply even without notice.

The second query regarding the problem of the MNC seeking recovery of Rs. 2.5 lakhs is an illegal recovery notice. No expenses seem to have been incurred on him by the MNC; thus, no recovery can be enforced in respect of any probable bond he executed. I have covered the legal position regarding bond-related matters in the thread.

Thanks,
Sushil

The company can only ask for cost recovery if they have spent money on your training and onboarding expenses. Since you left on the joining day itself, this cost recovery is not applicable. Have you received the employment letter from the company on your joining date? If yes, what are the terms mentioned in it? Have you signed it for acceptance?

Please write a simple letter to the company HR manager/MD stating these facts clearly and indicating that you have not signed or broken any legal agreement with the company. Hence, you have no dues with the company whatsoever. Also, indicate that you will be forced to pursue this matter further legally if the company continues to follow up for the recovery of this illegal money (as it will be deemed as extortion money, without any legal backup).

Write the letter in triplicate (HR, MD, and acknowledgment copy) and mention these recipients at the bottom of the letter itself. Keep the acknowledgment copy for yourself.

Best Regards,
Amod.