Appointment Letter Clauses
I joined a BPO operating in Gurugram 5 months ago at an entry-level post. My appointment letter states:
1. "The appointment has been done after an extensive process for an important position which requires your skills and experience. This appointment may come to an end at the instance of either party by giving the other notice in writing for one month. Your relieving from the services of the company would be contingent upon successful serving of the full and complete notice period. Failing to do so would entitle the company to recover damages for all losses caused due to any shortfall in serving the full and complete notice period. The company, in addition to the rights to recover damages, will not furnish a relieving letter in case of shortfall in the notice period unless such shortfall has been signed off by the appropriate person in the company. In exceptional situations, the company reserves the right to waive off the notice period at its sole discretion."
2. "Notice to terminate the services will be accepted by the company only when it is issued in a form wherein your identity is ascertainable. Notice of termination in the electronic form where such identity cannot be ascertained, such as SMS or personal email, shall not be accepted as adequate notice of termination for the purposes of this agreement."
3. "The company reserves the right to terminate your employment on grounds of breach of policy, misconduct, or where your performance has been found to be unsatisfactory."
4. "Any violation of the above-mentioned or any other company procedures and policies would attract action as per the company's disciplinary policy in force, including and up to termination. In the event of termination by the company on breach of disciplinary policy, the company will not be liable for any amount in lieu of the notice period."
5. "Any and all disputes arising in connection with the appointment letter and services shall be referred to arbitration which shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by the General Counsel of the company. The venue of the arbitration shall be Delhi, and the language shall be English. You agree to submit yourself to the exclusive territorial jurisdiction of courts at Delhi."
Current Situation and Request for Guidance
Now the situation is that after 1 month of joining, I realized the job is not what it was described (Finance and Accounts) as in the advertisement but more of a data entry job. I told my manager about my intention of leaving as I didn't want to work in a job like that. However, he intimidated me that if I left around the year-end, then his bonus and attrition ratings would be affected, which would not be good for me either. Since I knew him and was scared, I agreed not to leave my job until January of this year. When I asked him to leave in January, he asked me to extend for a few more months as there is a lot of work.
Feeling unhappy in the job, I filed my resignation on the company's portal and stopped going to the office in anger. I informed all my managers about resigning and my intention of not coming to work anymore. I also submitted my official ID card-cum-gate pass at the office's badging centre and even offered to pay for the notice period, which I am not willing to serve as I do not want to work in that job even a day more.
But as stated in the appointment letter quoted above, the company does not recognize personal email or SMS as a mode of valid resignation. The manager is denying receiving any trigger of the resignation from the portal, so my HR is unwilling to relieve me and is threatening to declare me "absconding" and also take legal action against me for not informing them of my resignation and not serving the notice period.
So, I request all respected members to please help me and guide me in this situation. As my name suggests, I am unemployed and do not have enough funds to fight with the company in court in case they initiate a legal case against me on these grounds. I am scared and don't know what I should do. Please guide me.
Regards, Ashwin
From India, New Delhi
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I joined a BPO operating in Gurugram 5 months ago at an entry-level post. My appointment letter states:
1. "The appointment has been done after an extensive process for an important position which requires your skills and experience. This appointment may come to an end at the instance of either party by giving the other notice in writing for one month. Your relieving from the services of the company would be contingent upon successful serving of the full and complete notice period. Failing to do so would entitle the company to recover damages for all losses caused due to any shortfall in serving the full and complete notice period. The company, in addition to the rights to recover damages, will not furnish a relieving letter in case of shortfall in the notice period unless such shortfall has been signed off by the appropriate person in the company. In exceptional situations, the company reserves the right to waive off the notice period at its sole discretion."
2. "Notice to terminate the services will be accepted by the company only when it is issued in a form wherein your identity is ascertainable. Notice of termination in the electronic form where such identity cannot be ascertained, such as SMS or personal email, shall not be accepted as adequate notice of termination for the purposes of this agreement."
3. "The company reserves the right to terminate your employment on grounds of breach of policy, misconduct, or where your performance has been found to be unsatisfactory."
4. "Any violation of the above-mentioned or any other company procedures and policies would attract action as per the company's disciplinary policy in force, including and up to termination. In the event of termination by the company on breach of disciplinary policy, the company will not be liable for any amount in lieu of the notice period."
5. "Any and all disputes arising in connection with the appointment letter and services shall be referred to arbitration which shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by the General Counsel of the company. The venue of the arbitration shall be Delhi, and the language shall be English. You agree to submit yourself to the exclusive territorial jurisdiction of courts at Delhi."
Current Situation and Request for Guidance
Now the situation is that after 1 month of joining, I realized the job is not what it was described (Finance and Accounts) as in the advertisement but more of a data entry job. I told my manager about my intention of leaving as I didn't want to work in a job like that. However, he intimidated me that if I left around the year-end, then his bonus and attrition ratings would be affected, which would not be good for me either. Since I knew him and was scared, I agreed not to leave my job until January of this year. When I asked him to leave in January, he asked me to extend for a few more months as there is a lot of work.
Feeling unhappy in the job, I filed my resignation on the company's portal and stopped going to the office in anger. I informed all my managers about resigning and my intention of not coming to work anymore. I also submitted my official ID card-cum-gate pass at the office's badging centre and even offered to pay for the notice period, which I am not willing to serve as I do not want to work in that job even a day more.
But as stated in the appointment letter quoted above, the company does not recognize personal email or SMS as a mode of valid resignation. The manager is denying receiving any trigger of the resignation from the portal, so my HR is unwilling to relieve me and is threatening to declare me "absconding" and also take legal action against me for not informing them of my resignation and not serving the notice period.
So, I request all respected members to please help me and guide me in this situation. As my name suggests, I am unemployed and do not have enough funds to fight with the company in court in case they initiate a legal case against me on these grounds. I am scared and don't know what I should do. Please guide me.
Regards, Ashwin
From India, New Delhi
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I filed my resignation on the company's portal and stopped going to the office in anger. The company has given clear instructions in their job offer letter. This email resignation is specifically against rules laid down by the company. Go to the company with a hard copy of the resignation and offer to pay for the notice period and see what the company says. Resign the legal way and keep out of any unnecessary hassles of correspondence, emails, and angry phone calls. The legal action they state is unlikely to be court cases, etc. The maximum they would do is withhold the relieving letter, etc. However, actions in anger lead to problems.
From India, Pune
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3180From India, Pune
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