pushp1403
Hello all,
I joined an IT MNC on 16th Feb 2015. on the joining day itself i was introduced to the RMG group who told me about my upcoming project in which i am going to be tagged.
The project was different then my expectation also i cleared during the interview process what type of project i want and that's the reason why i am leaving my previous company.
I asked them to allocate me in a project as per my experience and expectation but they refused. The HR is asking me to either resign and serve the three months notice period or pay the salary of three months.
I was not in a situation to serve the notice period or pay the amount so i decided to not to show up from the next day i.e. 17th FEB 2015.
Please help me as what can be the possible problems if i join another company without resigning. i just signed the offer letter on the joining day and not any bond.
Please help me ASAp.

From India, Thane
jasimea
Hello all,
I am also in a same situation. I joined an MNC. On joining day itself I resigned from there but not with formalities. I just emailed them that I don't want to continue. Now I got a recovery letter of 2.5 lakh from that company. Do I have to pay the amount or is there any legal issues?

From United Arab Emirates, Dubai
sushilkluthra@gmail.com
221

There is no need to pay three months salary. Since you appear to be an IT at grass root, you are covered under definition of workman of IDAct and governed by Bombay shops and establishment Act and thereby governed by model standing orders. Under order 13(1), for a monthly rated employee only one month notice or pay in lieu thereof be given. If you are a probationer, see the rules must be even without notice. The second queriest problem stating recovery of Rs.2.5 lakhs by MNC is an illegal recovery notice. No expenses appear to have been incurred on him by MNC thus no recovery can be effected in respect of probable bond he executed. I have covered the legal position in respect bond related matter thread.
Thanks
Sushil

From India, New Delhi
amodbobade
80

Hi,
The company can only ask for cost recovery, if they have spend the money on your training & on-boarding expenses. Since you left on the joining day itself, this cost recovery is not applicable. Have you received the employment letter from the company on your joining date? If yes, what are the terms mentioend in it? Have you signed it for acceptance?
Write a simple letter to the company HR manager / MD stating these fact clerarly & indicating that you have not signed / broken any legal agreement with company. Hence, you have no dues with the company whatsoever.
Also indicate that you will be forced to pursue this matter further legaly, if company continues to follow up for the recovery of this illegal money (As it will be deemed as extorsion money, without any leagl backup).
Write the letter in triplicate (HR, MD, & acknowledgement copy), & mention these receipents at bottom of the letter itself.
Keep the acknowledgement copy for yourself.
Best Regards,
Amod.


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