Could anyone please provide your inputs on the following situation.
Employment Termination and Notice Period
I joined a company but left after 20 days. I informed them that I wouldn't be able to continue due to personal issues. They asked me to serve a 3-month notice period or pay 3 months' salary. I explained that I couldn't serve immediately but could do so after 6 months. In response, they emailed me stating, "You have been terminated." They mentioned that I could serve the notice period after a month-long leave, providing proper justification accepted by the company, or legal actions would be taken accordingly.
Offer Letter and Legal Obligations
In the offer letter, it was stated that I needed to serve 3 months or pay 3 months, but I hadn't signed the offer letter. I had only sent an email accepting the offer. Additionally, there is an official bond apart from the offer letter.
Legal Concerns
Can the company proceed with legal action?
Do I need to serve the notice period once they terminate me?
Would I be required to pay 3 months' salary if they take legal action?
I do not want a relieving letter or any other settlement from the company.
From India
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Employment Termination and Notice Period
I joined a company but left after 20 days. I informed them that I wouldn't be able to continue due to personal issues. They asked me to serve a 3-month notice period or pay 3 months' salary. I explained that I couldn't serve immediately but could do so after 6 months. In response, they emailed me stating, "You have been terminated." They mentioned that I could serve the notice period after a month-long leave, providing proper justification accepted by the company, or legal actions would be taken accordingly.
Offer Letter and Legal Obligations
In the offer letter, it was stated that I needed to serve 3 months or pay 3 months, but I hadn't signed the offer letter. I had only sent an email accepting the offer. Additionally, there is an official bond apart from the offer letter.
Legal Concerns
Can the company proceed with legal action?
Do I need to serve the notice period once they terminate me?
Would I be required to pay 3 months' salary if they take legal action?
I do not want a relieving letter or any other settlement from the company.
From India
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As a general practice, appointment letters in every company carry a clause on "notice period or salary in lieu of NP" under the Separation clause. However, the notice period during the probation period can also be nil in some companies.
As you left the company after 20 days from the date of joining, presumably, you are during your probation period. Please check what the separation clause is during the probation period. However, as per your appointment letter, if the notice period is 3 months, irrespective of whether you are a probationer or confirmed employee, then in the case of termination by the company/employer, the employer should have paid you 3 months' salary.
From India, Aizawl
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651As you left the company after 20 days from the date of joining, presumably, you are during your probation period. Please check what the separation clause is during the probation period. However, as per your appointment letter, if the notice period is 3 months, irrespective of whether you are a probationer or confirmed employee, then in the case of termination by the company/employer, the employer should have paid you 3 months' salary.
From India, Aizawl
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