I joined a company and resigned within a month. I have not received any appointment letter, and I have not signed any terms and conditions or bond. However, at the time of joining, I did sign a commitment to the company and a code of conduct. I do not know what the commitments and code of conduct are because they have not provided me with a copy. They threatened to take legal action against me and recover the amount they spent on my training and hotel stay. I am unsure about the legal actions they can take against me and whether the amount they want to recover will be imaginary or actual. I did not serve the notice period due to family reasons.
Please suggest how to overcome this situation and provide guidance and assistance.
Thank you.
From India, Mumbai
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Please suggest how to overcome this situation and provide guidance and assistance.
Thank you.
From India, Mumbai
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I hope your signed copy shouldn't have contained any employment terms and conditions, or it's not on company letterhead. Logically, if you have not yet signed any appointment or employment agreement with them, then all the rest of the documents become null. This indicates that there is no employee-employer relationship between you both. However, at the same time, you may need to sacrifice your dues if anything is pending with them.
Regards,
Tushar Swar.
From India, Mumbai
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208Regards,
Tushar Swar.
From India, Mumbai
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There was a set of documents, and the signed copy was my commitment and code of conduct to the company. Is this enough to take legal action? I remember I have not signed nor received any appointment letter, and I have not signed any bond. Please reply.
From India, Mumbai
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From India, Mumbai
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This is the sort of issue that arises all over the world. Your ex-employer is angry that they have spent money on you and you are leaving so soon. Unless you have signed something, they are unlikely to have any legal rights against you.
Best wishes,
Headington
From India, Mumbai
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Best wishes,
Headington
From India, Mumbai
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As you said, if you have not signed any appointment letter or employment agreement, then it shows that there is no employee-employer relationship between both of you. Therefore, the rest of the documents are null and not valid. So, don't worry and just forget about your dues.
Regards,
Tushar Swar
From India, Mumbai
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Regards,
Tushar Swar
From India, Mumbai
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Legal Clarification on Negative Covenants in Employment Agreements.pdf
Status of legal compliance.doc