I joined one of the top MNCs one month ago, but due to family problems, I left the job in 7 days during the training period without serving any job leaving notice. At that time, I spoke with all my managers, but they didn't tell me anything about resignation. A few days later, I received two letters on different days. In those letters, they mentioned "unauthorized absence from work," and directed me to report to work on or before a specified date. They also mentioned that if I had any queries, I should get in touch, but I didn't contact anyone. Now, I have received a third letter stating that I have to pay some thousand rupees to the company in five days; otherwise, they will take legal action against me. However, I am not able to pay any amount.
I haven't submitted a resignation letter to my manager/HR at the time of resignation. In the appointment letter, they mentioned that "1. At the time of formally resigning from service, you shall have to serve a notice period of 60 days." However, they haven’t mentioned any rule or regulation related to absconding.
Terms and Conditions of Employment:
1. Separation from the Company: Under this, they have mentioned:
A: When you formally resign from the service of the company, the company may, at its discretion, permit you to:
1. Adjust the vacation accumulated toward part of the notice period.
2. Pay up for the notice period in lieu thereof on your annual gross compensation.
So, I want to know, if I do not pay the money, what kind of legal action they will take against me?
Kindly guide me.
From India, Pune
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1I haven't submitted a resignation letter to my manager/HR at the time of resignation. In the appointment letter, they mentioned that "1. At the time of formally resigning from service, you shall have to serve a notice period of 60 days." However, they haven’t mentioned any rule or regulation related to absconding.
Terms and Conditions of Employment:
1. Separation from the Company: Under this, they have mentioned:
A: When you formally resign from the service of the company, the company may, at its discretion, permit you to:
1. Adjust the vacation accumulated toward part of the notice period.
2. Pay up for the notice period in lieu thereof on your annual gross compensation.
So, I want to know, if I do not pay the money, what kind of legal action they will take against me?
Kindly guide me.
From India, Pune
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You don't need to worry. You left the job due to some family problems and haven't submitted your resignation to the company, which you should. You received absconding letters from the company. Please submit your resignation to your company or send a formal email of resignation to the concerned HR. This is the process that every company follows.
If you have any doubts or queries, please feel free to contact.
Regards,
From India, Chandigarh
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If you have any doubts or queries, please feel free to contact.
Regards,
From India, Chandigarh
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Dear Surajbhote, you joined and then left without following the terms of your appointment. It is a serious matter if the company has made any payments to an agency or towards your notice period in your previous employment. If the company has not made any such payments, then as per the Shop and Establishment Act, a 7-day notice is required. Your 7 days' pay is still with the company, so no action will be taken against you by the company. In case any action is taken, you can defend it.
From India, Delhi
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From India, Delhi
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1. Did you accept the appointment letter mentioning these clauses?
2. Absconding would be better than resignation.
3. After submitting your resignation, you will be bound by the terms of the resignation clause.
4. Absconding will result in the termination of your services.
5. Wait and Watch Policy.
Don't worry.
Regards,
Brij N Sharma
HR-Legal
From India, Bangalore
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2. Absconding would be better than resignation.
3. After submitting your resignation, you will be bound by the terms of the resignation clause.
4. Absconding will result in the termination of your services.
5. Wait and Watch Policy.
Don't worry.
Regards,
Brij N Sharma
HR-Legal
From India, Bangalore
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Ideally, you should have submitted your resignation in writing. Now, as you have received two notices, you should submit your resignation to the employer immediately. As far as the notice period is concerned, you were on probation and not liable to give notice for 60 days. However, I agree with Mr. Yogesh that as per the act, 7 days' notice is required, and the company has not paid you for the working 7 days, so no recovery should happen.
All the best!
Regards,
Charu
From India, Delhi
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All the best!
Regards,
Charu
From India, Delhi
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How to Handle an Employee Resignation.doc
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf