My previous organization has sent me a statutory notice to invoke arbitration as I left the company by giving them a 10-day notice. Now they are asking me to pay 2 months' notice with an interest of 18% until the amount has been settled. I have not signed any appointment letter or contract with them or agreed to any terms or conditions in writing. Is it something to worry about? Can they take this matter to court?
From India, Mumbai
Acknowledge(0)
Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Hi, primarily, your act of leaving them with short notice is wrong. You should have served a proper notice period. I hope you have handed over all company assets.
In the absence of an appointment letter, contract of employment letter, training agreement, or indemnity bond, the possibility of the employee proceeding with legal action is remote. I presume it should be a normal disciplinary proceeding from the employer's side to close the file. Just wait for the final termination letter before you join a new employer.
However, be cautious. Nowadays, some employers use other shortcuts to trap absconded employees, like claiming the employee absconded with company property and using other ways to pressurize.
From India, Madras
Acknowledge(0)Amend(0)
1015In the absence of an appointment letter, contract of employment letter, training agreement, or indemnity bond, the possibility of the employee proceeding with legal action is remote. I presume it should be a normal disciplinary proceeding from the employer's side to close the file. Just wait for the final termination letter before you join a new employer.
However, be cautious. Nowadays, some employers use other shortcuts to trap absconded employees, like claiming the employee absconded with company property and using other ways to pressurize.
From India, Madras
Acknowledge(0)Amend(0)
Hi, In that case nothing to worry.. But still it is always advisable get relieved amiably from any employer.
From India, Madras
Acknowledge(0)Amend(0)
From India, Madras
Acknowledge(0)Amend(0)
Hi Sohail, It is understandable that you are concerned about the situation with your previous organization. It is important to seek legal advice to fully understand your rights and obligations in this matter. Without a signed appointment letter or agreed terms and conditions, it may be worth exploring the validity of their claims. It is advisable to address this matter through legal counsel to ensure that your rights are protected. It is also possible that the matter could be taken to court, so it is crucial to seek professional guidance to navigate this situation effectively.
Thanks
From India, Bangalore
Acknowledge(0)Amend(0)
Thanks
From India, Bangalore
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Notice period.jpg
Notice Period Extension Letter Format.doc