I joined a company but left after two weeks due to excessive stress created by the work environment. I could not continue and informed them before leaving. They asked me to pay two months' salary, but I did not pay as I did not receive any salary for those two weeks. Afterward, I read the Terms and Conditions, which I had not read before joining. Such conditions are uncommon.
After a month, I sought another job and joined a different company. Seven months later, I received a legal notice from the first company, which they couriered to my permanent address. I did not respond. Fifteen days later, I received an email regarding arbitration.
It appears they are initiating arbitration. What should I do? Please assist.
Thanks,
Kavi.
From India, Faridabad
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After a month, I sought another job and joined a different company. Seven months later, I received a legal notice from the first company, which they couriered to my permanent address. I did not respond. Fifteen days later, I received an email regarding arbitration.
It appears they are initiating arbitration. What should I do? Please assist.
Thanks,
Kavi.
From India, Faridabad
Acknowledge(0)Amend(0)
Attend the Arbitration & appraise the Arbitrator the sitution you experienced...Before this if possible convince your employer to not to resort to Arbitration
From India, Pune
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470From India, Pune
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Arbitration Without Conciliation: A Surprising Move
It is surprising that without holding a conciliation before the appropriate authority under the ID Act, the employer is going for 'arbitration'. Normally, arbitration comes into play when the initial attempt to settle the issue fails. In this case, only a notice has been served, and no further action has taken place. Moreover, the issue pertains to leaving the company after just fifteen days of service.
In my opinion, it should be settled through a bipartite settlement. Still, it cannot be a compulsory arbitration but only voluntary arbitration, for which representation from the aggrieved/accused is also required. The employer cannot unilaterally appoint an arbitrator and proceed. Therefore, you may ask for details such as the scope of the inquiry, charges against you, etc.
Regards,
Madhu.T.K
From India, Kannur
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It is surprising that without holding a conciliation before the appropriate authority under the ID Act, the employer is going for 'arbitration'. Normally, arbitration comes into play when the initial attempt to settle the issue fails. In this case, only a notice has been served, and no further action has taken place. Moreover, the issue pertains to leaving the company after just fifteen days of service.
In my opinion, it should be settled through a bipartite settlement. Still, it cannot be a compulsory arbitration but only voluntary arbitration, for which representation from the aggrieved/accused is also required. The employer cannot unilaterally appoint an arbitrator and proceed. Therefore, you may ask for details such as the scope of the inquiry, charges against you, etc.
Regards,
Madhu.T.K
From India, Kannur
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Legal Clarification on Negative Covenants in Employment Agreements.pdf