I had joined a company on 23 June this year. I was under probation for 2 months. At the time of joining, I was given only a general offer letter wherein nothing was mentioned about serving a notice period. I had paid Rs 10,000 as a deposit, which they will give back after one year's completion.
After 2 weeks of working, I decided to move to another company (i.e., resign from the present company). I have not received any salary for the month of June, nor do I seek to receive it. I didn't receive any appointment letter or contract letter, and I choose to resign without giving any notice period. However, now the HR wants me to sign the contract and appointment letter to process my resignation.
According to the contract (not signed), I have to pay an additional 2 weeks of basic salary to the company if I leave without the 2 weeks of prior notice, plus the Rs 10,000 will be taken by the company. Am I bound to listen to them? Can I get a relieving letter without signing the contract and appointment letter? Can they take any legal action against me?
As I have not signed any contract and appointment letter, can I get back the Rs 10,000 and also the resignation?
From India, Bangalore
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After 2 weeks of working, I decided to move to another company (i.e., resign from the present company). I have not received any salary for the month of June, nor do I seek to receive it. I didn't receive any appointment letter or contract letter, and I choose to resign without giving any notice period. However, now the HR wants me to sign the contract and appointment letter to process my resignation.
According to the contract (not signed), I have to pay an additional 2 weeks of basic salary to the company if I leave without the 2 weeks of prior notice, plus the Rs 10,000 will be taken by the company. Am I bound to listen to them? Can I get a relieving letter without signing the contract and appointment letter? Can they take any legal action against me?
As I have not signed any contract and appointment letter, can I get back the Rs 10,000 and also the resignation?
From India, Bangalore
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From what you have mentioned, the company is trying to extort money from you. Asking for a security deposit of Rs10,000 is a wrong practice. Please seek help from a local lawyer and initiate legal action against the company. They will be forced to refund Rs10,000 and relieve you properly.
From India, Pune
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3180From India, Pune
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Dear,
I hope you have deposited Rs. 10,000/- through a Banker's cheque or DD. Any type of deposit without receiving regular training is not legal.
At this stage, you are not bound to sign any contract letter. Please ensure you have already sent your resignation letter properly.
However, you may have to take some legal action or approach the Labour Commissioner to get a refund of your deposit.
Regards.
From India
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I hope you have deposited Rs. 10,000/- through a Banker's cheque or DD. Any type of deposit without receiving regular training is not legal.
At this stage, you are not bound to sign any contract letter. Please ensure you have already sent your resignation letter properly.
However, you may have to take some legal action or approach the Labour Commissioner to get a refund of your deposit.
Regards.
From India
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Legal Clarification on Absconding & Contract Labour.pdf