I joined a firm on 26th October 2013, but due to family problems, I had to leave on 31st October 2013. Although I received the offer letter from the firm, I did not receive an appointment letter. The offer letter mentioned that the appointment letter would be provided after joining, but it was not received within those 6 days. I informed the firm about my decision to discontinue the job on 6th November, and now they are requesting that I pay one month's salary to them. I did not collect my salary cheque from them for 6 days, and I had signed the joining report during my time there. If I was not given the appointment letter, can they still claim any salary deposit from me? I am feeling very confused and stressed about this situation. Kindly guide me on how to proceed.
Thank you,
Ashujuii
From India, Mumbai
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Thank you,
Ashujuii
From India, Mumbai
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Generally, serving a notice period comes into play when an employee has completed the probation period in the company and been confirmed. In your case, you have only been there for 6 days, so there is no point in serving a notice or salary in lieu thereof. Anyway, you have neither received nor signed the appointment letter. Usually, the appointment letter contains clauses related to the termination of services, so you need not worry about the same.
Regards,
Ashutosh
From India, Kollam
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68Regards,
Ashutosh
From India, Kollam
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Reason for Leaving the Job
What was the reason for leaving the job in a short span? Was it only because an appointment letter was not issued to you, or was there any other reason?
Termination Clause in Offer Letter or Joining Report
Secondly, let the forum know whether the offer letter or joining report has any termination clause mentioned to guide you accordingly.
As per the best knowledge, once you have joined a company, all the terms and conditions will be applicable to each and every employee, whether the same was explained to you or not. In the court of law, knowledge or ignorance is not considered.
From India, Ahmadabad
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What was the reason for leaving the job in a short span? Was it only because an appointment letter was not issued to you, or was there any other reason?
Termination Clause in Offer Letter or Joining Report
Secondly, let the forum know whether the offer letter or joining report has any termination clause mentioned to guide you accordingly.
As per the best knowledge, once you have joined a company, all the terms and conditions will be applicable to each and every employee, whether the same was explained to you or not. In the court of law, knowledge or ignorance is not considered.
From India, Ahmadabad
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Any company cannot ask like this. But the following things need to be considered:
Pre-Joining Discussions
What you have discussed with them before joining.
Terms and Conditions
On what terms and conditions you have joined.
As you have mentioned that you have filled and signed the documents, I hope you have not signed any bond or agreement.
Resignation Process
You have joined there properly, so you should have sent them your resignation copy mentioning the reason. Verbal communication can create some problems later on.
If you consider all these things, you will come to know the solution to your problem.
Although no company can harass any employee like this, what they discussed with you at the time of your joining is very important.
From India, Delhi
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Pre-Joining Discussions
What you have discussed with them before joining.
Terms and Conditions
On what terms and conditions you have joined.
As you have mentioned that you have filled and signed the documents, I hope you have not signed any bond or agreement.
Resignation Process
You have joined there properly, so you should have sent them your resignation copy mentioning the reason. Verbal communication can create some problems later on.
If you consider all these things, you will come to know the solution to your problem.
Although no company can harass any employee like this, what they discussed with you at the time of your joining is very important.
From India, Delhi
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Thank you all for your expert replies. I was only given an offer letter, and in that, as well as in the joining report, no clause about the notice period was mentioned. I was offered a contract for 2 years for a consolidated salary. I resigned due to personal reasons, which arose after joining. Kindly guide.
Thanking you,
Regards,
Ashujuii
From India, Mumbai
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Thanking you,
Regards,
Ashujuii
From India, Mumbai
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Appointment letter or no appointment letter,the terms and conditions of service will apply.Hence, you have to serve a notice before leaving the service in which you joined, or pay in lieu of notice.
From India, Bokaro
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From India, Bokaro
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Contractual Obligations and Company Policies
You mentioned that you were given a contract for two years on a consolidated salary. Was this contract for a specific project or task? If so, the project may be affected by your departure, and the company might have a valid concern. However, if you were hired for general work and not for a special project or task, they should not harass you.
Check the company policy to see if there is any probation clause in the appointment letters. As one of the knowledgeable members pointed out, once you join and submit a joining report, all company rules come into effect. In such a case, the probation clause might be beneficial for you.
Remember, service and contract rules are different and require separate discussions.
Regards,
Manoj Kumar Batra
From India, Kharar
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You mentioned that you were given a contract for two years on a consolidated salary. Was this contract for a specific project or task? If so, the project may be affected by your departure, and the company might have a valid concern. However, if you were hired for general work and not for a special project or task, they should not harass you.
Check the company policy to see if there is any probation clause in the appointment letters. As one of the knowledgeable members pointed out, once you join and submit a joining report, all company rules come into effect. In such a case, the probation clause might be beneficial for you.
Remember, service and contract rules are different and require separate discussions.
Regards,
Manoj Kumar Batra
From India, Kharar
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