I have accepted a company's letter of appointment since I didn't have an offer and wanted to join the company. In the letter, they didn't mention the joining date but said that it would be conveyed later. They held a five-day induction program, which I attended, and on the fifth day, they told me to join the company from the next day. However, now I don't feel the company has a job role of my interest, and I don't want to join. Can the company take legal action against me as I haven't actually started the job yet? Also, it was stated in the letter that if I didn't complete my retention period (1 year), I would have to serve a notice period of 3 months or, if failing to do so, return the money equivalent to the last 3 months' salary, even though I have not joined the job yet.
From India, Thane
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From India, Thane
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Understanding Legal Obligations Before Joining a Company
One cannot be hyper-technical. When you attended the induction training, it was only as an employee, which means after joining. Now, post-training, you didn't take charge; hence, you are not bound to serve the notice period. This is not an argument that will have legal force.
From India, Mumbai
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1593One cannot be hyper-technical. When you attended the induction training, it was only as an employee, which means after joining. Now, post-training, you didn't take charge; hence, you are not bound to serve the notice period. This is not an argument that will have legal force.
From India, Mumbai
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It is not in good taste to leave the organization shortly after joining and completing induction. However, in your case, the job role does not match your interest. It may be mutually beneficial to quit rather than continue as a disgruntled employee. Ensure you quit professionally by clarifying your honest position and fulfilling the notice period requirements and any other obligations. This approach may prevent any legal exposure.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Appointment Letter.docx
Job & role description.zip