Facing Resignation Challenges on Probation: How Can I Handle Salary and Legal Issues?

Urgent Guidance Needed on Resignation and Salary Issues

I joined an organization four months ago at a 40% lower CTC compared to my last drawn CTC with the previous organization. This was because my last organization's project was completed, and my job contract was about to finish. At that time, I verbally committed to the current organization that I would serve for at least one year. However, today, I received a great opportunity at the same place where I am currently working, with a handsome hike. This will reduce my CTC gap and put me back on the same CTC level as I was five months ago.

I spoke with my reporting boss and emailed my resignation to the concerned HR, providing a one-month notice period. Since I am on probation, I am required to serve only a one-month notice period. However, my organization remained silent after receiving my resignation email. After one week, they called me to the Head Office for a discussion.

Following the discussion, my management informed me that I needed to pay back all the four months' salary that had been paid to me during my tenure with the organization to receive a clear Full and Final (F&F) statement. They also threatened to damage my career and provide negative feedback to my future organization. Additionally, they have withheld my last month's salary and have not released it yet. Moreover, my travel expenses for the past two months are still pending from their end.

My Questions Are:

1. Am I legally bound to pay back something to them?
2. What is the best way to retrieve my salary and clear the Full and Final settlement?
3. If they do not accept my resignation, how should I address this issue with my future organization?

Kindly guide, as this is urgent.

Regards

First, speak with the company from which you received the job offer and explain the situation to them. Ensure all communication is copied to your personal email. Since you have been working there for the last 5 months, there is no need to worry. It is advisable to consult a corporate attorney for assistance. You are not obligated to pay the entire salary, and the company cannot withhold an employee's salary for the period worked.

The only issue is that you will need to persuade your new employer about the situation and clarify that your current employer is threatening you and withholding your salary.

Thank you.

Understanding Your Legal Rights and Next Steps

First of all, it is important to determine whether you have a signed appointment letter from them with terms and conditions of separation clearly mentioned. Moreover, there should not be any clause in the appointment letter that mandates you to work for at least a year (verbal commitments hold no ground).

You are not legally bound to return salaries paid, and moreover, you are entitled to complete settlement for the time you serve in your current organization. If they are threatening you, ask them to provide things in writing. Additionally, you can threaten them back with legal action. Serve them a legal notice if required; it would not cost you much. You might just have to approach a lawyer to draft the notice.

At the same time, you can inform the new company you want to join that you would not be able to provide a relieving letter/service certificate, etc. Instead of giving them a month's notice, you can send them an email stating that since your salary and dues are not paid, and the Full and Final settlement is not being processed, you are leaving the organization. State in an email that they have threatened you, and hence you are forced to abandon the company. I do not think they can do anything.

Keep everything documented so that you can produce it in case of any legal proceedings at a later date.

Regards,
Satyabrata Dash