Hi,
I joined an organization but had to leave within two days due to family reasons. I informed the company's HR and submitted my resignation via email. Now, the company is requesting that I either serve the notice period or pay the notice period amount in lieu of it. They have sent me a notice from their advocate.
What can I do in these circumstances? Am I legally obligated to serve the notice period?
From India, New Delhi
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I joined an organization but had to leave within two days due to family reasons. I informed the company's HR and submitted my resignation via email. Now, the company is requesting that I either serve the notice period or pay the notice period amount in lieu of it. They have sent me a notice from their advocate.
What can I do in these circumstances? Am I legally obligated to serve the notice period?
From India, New Delhi
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Hi Abhishek,
Have you signed any joining formalities that talk about you agreeing to give notice? If the company has proof of this and can sue you with that document. If nothing was signed, then you don't need to worry about it. Clearly explain the reason to the HR, help them understand your problem, and try to solve it with clear communication. Also, try to discuss the issue with a senior person if possible.
Thanks,
Pallavi
From India, Mumbai
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3Have you signed any joining formalities that talk about you agreeing to give notice? If the company has proof of this and can sue you with that document. If nothing was signed, then you don't need to worry about it. Clearly explain the reason to the HR, help them understand your problem, and try to solve it with clear communication. Also, try to discuss the issue with a senior person if possible.
Thanks,
Pallavi
From India, Mumbai
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Dear Abhishek,
At the time of joining, if you have signed and accepted the condition of the notice period during employment, then they can claim; otherwise, not. If you are on probation or temporary, then there is no question of claiming the notice period. In this situation, there is a need for a notice period, or you have to pay the salary for the notice period, or you can settle with the management if they understand your problem.
Have a nice day.
Lalit Kumar Gupta
From India, Lucknow
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At the time of joining, if you have signed and accepted the condition of the notice period during employment, then they can claim; otherwise, not. If you are on probation or temporary, then there is no question of claiming the notice period. In this situation, there is a need for a notice period, or you have to pay the salary for the notice period, or you can settle with the management if they understand your problem.
Have a nice day.
Lalit Kumar Gupta
From India, Lucknow
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Yes, I have completed the joining formalities, but I have not withdrawn any salary from them. I have already sent the reply to the notice. I want to know, am I legally bound to serve the notice period? I have left in some days, so does this clause of serving the notice period still apply.
From India, New Delhi
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From India, New Delhi
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Dear All,
Normally, we do keep a trial or probation period during which either party can terminate the contract without a notice period, or a maximum of one week. We are surprised that such a clause was not there to begin with, and a contract is signed with a notice period of a month or more. A legal notice is just a tool to frighten employees and is not in line with modern HR practices. It is rather primitive and outdated.
Best Regards
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Normally, we do keep a trial or probation period during which either party can terminate the contract without a notice period, or a maximum of one week. We are surprised that such a clause was not there to begin with, and a contract is signed with a notice period of a month or more. A legal notice is just a tool to frighten employees and is not in line with modern HR practices. It is rather primitive and outdated.
Best Regards
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Abhishek,, Pls tell me in detail what all documents you had signed. I think I may be able to help you. Tk care K
From India, Pune
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From India, Pune
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Dear Chandan,
I would like to inquire about the terms of your employment letter. Is there a clause stating a one-month notice period? If not, there is no need to worry. However, if such a clause exists, then you will be required to pay one month's salary.
Regards,
Chandan
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I would like to inquire about the terms of your employment letter. Is there a clause stating a one-month notice period? If not, there is no need to worry. However, if such a clause exists, then you will be required to pay one month's salary.
Regards,
Chandan
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If you have not given anything in writing, they can't do anything. I am also working as Group HR. Only they can harass you. You should write down your situation or problem and send it to the CEO of your company.
Thanks
From India, Mumbai
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Thanks
From India, Mumbai
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Hi,
Do not panic. You have only served for two days. The notice period will come into force only if you are a confirmed (permanent) employee of the organization. Let them go to any forum; the case will not stand since you are a temporary employee. I hope this is clear.
Thanks,
Senthil
From India, Madras
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Do not panic. You have only served for two days. The notice period will come into force only if you are a confirmed (permanent) employee of the organization. Let them go to any forum; the case will not stand since you are a temporary employee. I hope this is clear.
Thanks,
Senthil
From India, Madras
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Hi, I have joined an organization and left it within two days of joining due to family reasons. I informed the company's HR and submitted my resignation via email. Now, the company is asking me to serve the notice period or pay the notice period amount in lieu of that. They have sent me the advocate notice. What can I do in these conditions? Am I bound to serve the notice period?
If you are on the company's payroll and have signed an agreement, then only the company can take legal action. If you have not signed any papers and have left, then there is no need to worry. Please move forward with your job and enjoy your life. No company is going to waste time and money chasing after you. If they do, it is not professionalism on their part, and it was better for you to leave such a company at the right time.
Regards, Ashwini Thakur.
From India, Delhi
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If you are on the company's payroll and have signed an agreement, then only the company can take legal action. If you have not signed any papers and have left, then there is no need to worry. Please move forward with your job and enjoy your life. No company is going to waste time and money chasing after you. If they do, it is not professionalism on their part, and it was better for you to leave such a company at the right time.
Regards, Ashwini Thakur.
From India, Delhi
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I have completed all the joining formalities on the very first day. From the very first day, they have treated me as a confirmed employee. I did not receive any salary from them for those two days. I have noticed that if an employee does not receive any salary, no employment documents come into practice.
Is what I have mentioned above correct? Does the company still have the option to take legal action?
From India, New Delhi
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Is what I have mentioned above correct? Does the company still have the option to take legal action?
From India, New Delhi
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Withdrawl of Resignation and Notice period.doc
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