I was working with a company and immediately left that job without giving any prior notice due to some policy-related issues as given below.
Working hours
They are asking to work more than 8 hours (8 hours and 30 mins per day), with only Sunday as a leave day.
Leave policy
No proper leave policy; they only provide one day of paid leave in a month if you inform them prior. If you do not inform them prior, they will deduct two days' salary. Also, if you are not taking any leave in that month, this leave will not be carried forward to the next month.
Salary from another company's account
They offered me a letter from XYZ company but are paying me a salary from another company's account, say ABC, which is a child of XYZ (I don't know whether it's on paper or not).
In the offer letter, they mentioned that I will not leave the company under any circumstances during the specified time as per joining, which is 1 year from my joining date; otherwise, a penalty charge or legal action will be taken by the company. However, the specific type of action is not mentioned in the offer letter. (Important to note that this information is provided on the company's letter, not on any legal bond papers).
Also, at the time of joining, they kept a bank cheque which I have cancelled.
Now they are threatening me with legal action, but I am not entertaining them. Should I worry about any legal action?
Also, I was in a probation period during which they could fire me at any time without giving any reason or notice.
From India, Indore
Acknowledge(0)
Amend(0)
Working hours
They are asking to work more than 8 hours (8 hours and 30 mins per day), with only Sunday as a leave day.
Leave policy
No proper leave policy; they only provide one day of paid leave in a month if you inform them prior. If you do not inform them prior, they will deduct two days' salary. Also, if you are not taking any leave in that month, this leave will not be carried forward to the next month.
Salary from another company's account
They offered me a letter from XYZ company but are paying me a salary from another company's account, say ABC, which is a child of XYZ (I don't know whether it's on paper or not).
In the offer letter, they mentioned that I will not leave the company under any circumstances during the specified time as per joining, which is 1 year from my joining date; otherwise, a penalty charge or legal action will be taken by the company. However, the specific type of action is not mentioned in the offer letter. (Important to note that this information is provided on the company's letter, not on any legal bond papers).
Also, at the time of joining, they kept a bank cheque which I have cancelled.
Now they are threatening me with legal action, but I am not entertaining them. Should I worry about any legal action?
Also, I was in a probation period during which they could fire me at any time without giving any reason or notice.
From India, Indore
Acknowledge(0)Amend(0)
You dont have to worry about any legal action from the company. How long did you serve? Company is not on strong legal footing to take legal action against you.
From India, Pune
Acknowledge(0)Amend(0)
3180From India, Pune
Acknowledge(0)Amend(0)
It's been 1 month and 20 days since I was there. Although they tried to encash the check, they failed as I had already cancelled the check. Could you please advise me on how to respond if they call me again so that they stop irritating me.
From India, Indore
Acknowledge(0)Amend(0)
From India, Indore
Acknowledge(0)Amend(0)
Though it is not very clear, from what I understand, you left the company without giving them notice (as required), and now they are threatening you with legal action. Please note that the exit clause applies to both parties, and it is not legally tenable to be made applicable from only one side. As long as you do not want to put this experience on your resume, you need not worry about having cordial relations or going back to them and requesting a relieving letter, etc. Just move forward and ensure you cut all connections, including phones from any employees, as it might lead you to issues.
Until they send you a valid legal notice, do not bother to respond or get irritated with the calls. Block the numbers as they come or change the number for good. Make sure you learn from your mistakes and do not accept any such offers in the future which are not clear.
Good luck, keep moving.
Thanks and Regards
From India, Hyderabad
Acknowledge(0)Amend(0)
Until they send you a valid legal notice, do not bother to respond or get irritated with the calls. Block the numbers as they come or change the number for good. Make sure you learn from your mistakes and do not accept any such offers in the future which are not clear.
Good luck, keep moving.
Thanks and Regards
From India, Hyderabad
Acknowledge(0)Amend(0)
@Aks17 - You can say I just absconded. In the probation period, they can fire me at any time without giving any reason and time. I left during the probation period only. After completing the probation period, the notice period was one month.
From India, Indore
Acknowledge(0)Amend(0)
From India, Indore
Acknowledge(0)Amend(0)
Looking back, it is easy to say that we could have done this or that, but that is in the past. Since you left during probation, it should not be much of an issue as the company cannot claim to have lost something due to your sudden or abrupt departure without intimation. The rules of natural justice seek the notice period to be equal on both sides. Absconding in this case may be used in a generic meaning; legally, it cannot be termed as such as the employer needs to send letters or emails to pursue, and then comes the notice being sent over before you can be termed as an 'absconder.'
Just forget it as a passing phase and move on.
Thanks and Regards
From India, Hyderabad
Acknowledge(0)Amend(0)
Just forget it as a passing phase and move on.
Thanks and Regards
From India, Hyderabad
Acknowledge(0)Amend(0)
I agree with seniors sharing their views on this post. I just want to highlight a few things:
Working Hours
"They are asking to work more than 8 hours (8 Hours and 30 Mins per day), Only Sunday Leave was there." Most companies hire candidates who work extra hours beyond the regular 8-hour workday. Some employees choose to stay late voluntarily to complete their work, demonstrating commitment and dedication rather than being forced. Working late should not be a reason to quit.
Salary from Another Company's Account
"They offered me a letter from XYZ company but are paying me a salary from another company's account, say ABC, which is a subsidiary of XYZ (I don't know if it's documented or not)." The organization might be a sister concern of your company regarding payroll distribution, which is common practice. Many multinational companies in India engage candidates through third-party payrolls initially and then transition them to the company's payroll upon confirmation and good performance. If you have received salary slips, then you are in good standing; being paid by another company should not prompt you to resign.
I wish you the best of success ahead.
Thanks and Regards,
Akash Sharma
From India, Delhi
Acknowledge(0)Amend(0)
Working Hours
"They are asking to work more than 8 hours (8 Hours and 30 Mins per day), Only Sunday Leave was there." Most companies hire candidates who work extra hours beyond the regular 8-hour workday. Some employees choose to stay late voluntarily to complete their work, demonstrating commitment and dedication rather than being forced. Working late should not be a reason to quit.
Salary from Another Company's Account
"They offered me a letter from XYZ company but are paying me a salary from another company's account, say ABC, which is a subsidiary of XYZ (I don't know if it's documented or not)." The organization might be a sister concern of your company regarding payroll distribution, which is common practice. Many multinational companies in India engage candidates through third-party payrolls initially and then transition them to the company's payroll upon confirmation and good performance. If you have received salary slips, then you are in good standing; being paid by another company should not prompt you to resign.
I wish you the best of success ahead.
Thanks and Regards,
Akash Sharma
From India, Delhi
Acknowledge(0)Amend(0)
Just got an email from their HR person as given below:
Final warning for unauthorized leaves
It has been observed that there have been a series of unapproved/unauthorized leaves taken by you even after communicating the set expectations from our end. There have been incidents wherein you had promised to report to work and would keep us posted with your leaves, but there has been sheer and willful negligence from your end towards your duties. There have been a series of follow-ups from our end, but it seems you are taking it for granted and avoiding your responsibilities. Please treat this email as a final warning for not obeying basic discipline. Any further instance will trigger us to take disciplinary action against you. Looking forward to hearing from you on or before Monday; otherwise, we will take action against you.
Seeking advice on response
Should I respond to this email? If yes, may I know what would be the perfect response that will make them stop threatening me?
Exit clause and probation period
As per Aks17, the exit clause applies to both parties, and it is not legally tenable to be made applicable from one side only. Should I mention the probation period clause in which they stated, "During the period of probation or extended period of probation, this appointment can be terminated by the company side without any notice and without assigning any reason"?
Looking forward to help from you guys.
From India, Indore
Acknowledge(0)Amend(0)
Final warning for unauthorized leaves
It has been observed that there have been a series of unapproved/unauthorized leaves taken by you even after communicating the set expectations from our end. There have been incidents wherein you had promised to report to work and would keep us posted with your leaves, but there has been sheer and willful negligence from your end towards your duties. There have been a series of follow-ups from our end, but it seems you are taking it for granted and avoiding your responsibilities. Please treat this email as a final warning for not obeying basic discipline. Any further instance will trigger us to take disciplinary action against you. Looking forward to hearing from you on or before Monday; otherwise, we will take action against you.
Seeking advice on response
Should I respond to this email? If yes, may I know what would be the perfect response that will make them stop threatening me?
Exit clause and probation period
As per Aks17, the exit clause applies to both parties, and it is not legally tenable to be made applicable from one side only. Should I mention the probation period clause in which they stated, "During the period of probation or extended period of probation, this appointment can be terminated by the company side without any notice and without assigning any reason"?
Looking forward to help from you guys.
From India, Indore
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Withdrawl of Resignation and Notice period.doc
Legal Clarification on Severance Dues & Probation Period.PDF