I had joined a company and worked there for 2.5 months. Due to some reason, I sent a resignation letter to the HR manager and didn't go to the office after that. I didn't get any reply or call from them after the email. One of the HR did ask me if I resigned and didn't say anything else regarding any protocols to be followed.
15 to 20 days later, I received a notice period recovery letter which said I had to pay one month's salary in lieu of not serving the notice period and failing to do full & final formalities; they will be compelled to take action against me. The probation period is for 6 months. I have nothing in possession of the company. There was no bond involved. My offer letter has standard terms and conditions regarding the termination clause.
I had resigned in the mid-month, so I didn't take the salary for 15 days of work.
Can They Take Any Legal Action Against Me?
What should I do next?
I can't pay the amount, and neither can I go and serve the notice period due to a horrible experience over there.
There are lots of young joiners absconding from the company. The attrition rate is very high in this company. This company has its own set of HR rules, and they are not at all cooperative.
From India, Pune
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15 to 20 days later, I received a notice period recovery letter which said I had to pay one month's salary in lieu of not serving the notice period and failing to do full & final formalities; they will be compelled to take action against me. The probation period is for 6 months. I have nothing in possession of the company. There was no bond involved. My offer letter has standard terms and conditions regarding the termination clause.
I had resigned in the mid-month, so I didn't take the salary for 15 days of work.
Can They Take Any Legal Action Against Me?
What should I do next?
I can't pay the amount, and neither can I go and serve the notice period due to a horrible experience over there.
There are lots of young joiners absconding from the company. The attrition rate is very high in this company. This company has its own set of HR rules, and they are not at all cooperative.
From India, Pune
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I would have appreciated it if you disclosed your name at least.
Secondly, when we are working in any company or cooperation, we need to follow some standard processes of the respective organization, irrespective of the reason you left. If you had decided to leave, you should have done so properly. In your case, you left the organization in a very unprofessional way. Whether you were on probation or confirmed, your employer's terms and conditions must have mentioned the notice period, and still, you left without any proper resignation, only sending an email. Do you think that is enough? Do you think it aligns with company protocol or your own?
Solution
As you left in a very unprofessional way, forget about your dues minus the notice period, relieving letter, experience letter, and all. Since you were on probation, you should have given a 15-day notice period. You mentioned that your 15 days' salary is pending with that company, so that can be adjusted.
Regards,
Tushar Swar
From India, Mumbai
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208Secondly, when we are working in any company or cooperation, we need to follow some standard processes of the respective organization, irrespective of the reason you left. If you had decided to leave, you should have done so properly. In your case, you left the organization in a very unprofessional way. Whether you were on probation or confirmed, your employer's terms and conditions must have mentioned the notice period, and still, you left without any proper resignation, only sending an email. Do you think that is enough? Do you think it aligns with company protocol or your own?
Solution
As you left in a very unprofessional way, forget about your dues minus the notice period, relieving letter, experience letter, and all. Since you were on probation, you should have given a 15-day notice period. You mentioned that your 15 days' salary is pending with that company, so that can be adjusted.
Regards,
Tushar Swar
From India, Mumbai
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Understanding Probation Period Practices
The universal HR practice during the probation period is applicable to both parties. If the employee can terminate the services without due notice or payment in lieu, similarly, an employee under probation can leave without any advance notice. I am also aware of the other acts designed for probationers.
Resignation Process
Secondly, I sent a proper resignation letter via email.
Communication During Resignation
Thirdly, when we take leave, we inform, and they revert. However, resignation is a significant step. It's not only the employee but the employer too who has to be responsible.
HR Interaction
Fourthly, as I mentioned, I did have a word with one of the HR personnel, and she didn’t say anything else about it. If she had, then I would have happily agreed to it.
Final Request in Resignation
Lastly, in my resignation, I had politely requested them to either relieve me or tell me what else can be done.
Regards
From India, Pune
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The universal HR practice during the probation period is applicable to both parties. If the employee can terminate the services without due notice or payment in lieu, similarly, an employee under probation can leave without any advance notice. I am also aware of the other acts designed for probationers.
Resignation Process
Secondly, I sent a proper resignation letter via email.
Communication During Resignation
Thirdly, when we take leave, we inform, and they revert. However, resignation is a significant step. It's not only the employee but the employer too who has to be responsible.
HR Interaction
Fourthly, as I mentioned, I did have a word with one of the HR personnel, and she didn’t say anything else about it. If she had, then I would have happily agreed to it.
Final Request in Resignation
Lastly, in my resignation, I had politely requested them to either relieve me or tell me what else can be done.
Regards
From India, Pune
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Could you please elaborate on this line you mentioned: "An employee under probation can leave without any advance notice"? I am not sure where you got this generalized rule about probationers.
Also, what has been your designation/level in this company? And what is the size, in terms of employee strength, of this company?
Regards,
TS
From India, Hyderabad
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Also, what has been your designation/level in this company? And what is the size, in terms of employee strength, of this company?
Regards,
TS
From India, Hyderabad
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Apart from what Mr. Taj Sateesh has said, whatever you have done is an unprofessional way of approach. Why? Because you said that the HR is not cooperative. Then what is the difference between your employer and you when you have also done the same thing?
With regards to your query, the employer cannot take any legal action against you if you have done nothing wrong, possess no employer's material, or have any pending dues. At most, the company may not provide you with the experience or relieving letter. Additionally, the Background Verification (BGV) from this company will reflect poorly on you. If you have decided not to continue, send a letter stating the termination clause during probation and your liability towards the employer is nil. Send it through registered post with acknowledgment. Wait for a reply for further steps from your end.
From India, Ahmadabad
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With regards to your query, the employer cannot take any legal action against you if you have done nothing wrong, possess no employer's material, or have any pending dues. At most, the company may not provide you with the experience or relieving letter. Additionally, the Background Verification (BGV) from this company will reflect poorly on you. If you have decided not to continue, send a letter stating the termination clause during probation and your liability towards the employer is nil. Send it through registered post with acknowledgment. Wait for a reply for further steps from your end.
From India, Ahmadabad
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Your post is very interesting. You have already given a set of statements about what you think is the reality. You are not asking whether it is the truth or correct; you are saying that this is how things are. So what do you expect from this forum? That everyone agrees with you? I am not clear about what you need from the members here. You have already stated that you can resign without notice and that they have not responded to your resignation (actually they have—by sending you a notice). So, if the above is a fact, you can simply reply to them stating these facts and that you are not liable to pay them anything.
From India, Mumbai
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From India, Mumbai
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Notice Period Obligations During Probation
Though you left during the probationary period, you should serve the notice period. Failing to do so will require you to compensate by paying the loss dues. If you fail to comply, the company has the right to take legal action against you. Therefore, it is advisable to approach the company and politely request to be relieved. Do not be misled, as I have experience handling similar cases and have sued employees in the past.
The company may have a high attrition rate. Since you did not raise any complaints while you were working, the allegations you are making against the company are not credible.
From India, Chennai
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Though you left during the probationary period, you should serve the notice period. Failing to do so will require you to compensate by paying the loss dues. If you fail to comply, the company has the right to take legal action against you. Therefore, it is advisable to approach the company and politely request to be relieved. Do not be misled, as I have experience handling similar cases and have sued employees in the past.
The company may have a high attrition rate. Since you did not raise any complaints while you were working, the allegations you are making against the company are not credible.
From India, Chennai
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Legal Clarification on Severance Dues & Probation Period.PDF
Withdrawl of Resignation and Notice period.doc