I joined an organization and called my manager after two days to inform them that I cannot continue because I received an offer from my dream company. I did not sign any documents and only attended the induction. Although an appointment letter was issued to me, I refused the joining date stated in it. Can they legally enforce a notice period of two months or withhold my salary?
From India, Aligarh
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From India, Aligarh
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You had accepted the appointment letter and joined the organization, and you were there for two days as well. Although you have not signed any other documents, you are bound by the appointment letter which you have acknowledged. The terms of the appointment letter alone can clarify your liability. The fact that you were there for only two days does not exempt you from this liability.
If the organization is willing to release you without paying you any sum for your two days' attendance, that is the best alternative for you. You may try to persuade them to accept this proposal. According to the provisions of the Contract Act 1872, the organization can only charge for the breach of employment terms, i.e., the direct expenses incurred for you. So even if they resort to legal remedy, there is not much they can claim from you.
From India, Mumbai
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1593If the organization is willing to release you without paying you any sum for your two days' attendance, that is the best alternative for you. You may try to persuade them to accept this proposal. According to the provisions of the Contract Act 1872, the organization can only charge for the breach of employment terms, i.e., the direct expenses incurred for you. So even if they resort to legal remedy, there is not much they can claim from you.
From India, Mumbai
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Legal Consequences of Induction
Yes, it has legal consequences since you have accepted the offer and completed your induction. The word 'induction' means you have been inducted as an employee in the company; therefore, all the terms and conditions of appointment are applicable to you. The employer may ask you to serve the notice period or pay the consequential amount in breach of the contract. Your denial stands invalid immediately after your joining. Now, persuade your head and HR to relieve you in a graceful manner.
From India, Mumbai
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Yes, it has legal consequences since you have accepted the offer and completed your induction. The word 'induction' means you have been inducted as an employee in the company; therefore, all the terms and conditions of appointment are applicable to you. The employer may ask you to serve the notice period or pay the consequential amount in breach of the contract. Your denial stands invalid immediately after your joining. Now, persuade your head and HR to relieve you in a graceful manner.
From India, Mumbai
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Appointment Letter to an Employee for fixed period.doc
Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf