I have worked in a new startup firm as a sales trainee. I have worked there for only 4 days during my probation period. Now, I want to resign from there due to certain personal problems. I had no bond with the company. I have sent an email to HR regarding my resignation, and they have forwarded me a mail regarding my final settlement amount. I have returned all company properties that were in my possession. The only document I signed was my offer letter at the time of joining. Can the company take any legal action against me? Please guide me on this issue.
From India, Malappuram
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From India, Malappuram
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Please check once again whether you have received an "Offer Letter" or an "Appointment Letter". The former is issued before the candidate joins, and the latter is issued once the candidate joins. Whatever letter you have received, check the terms and conditions of employment in general and the separation clause in particular.
Thanks,
Dinesh Divekar
From India, Bangalore
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8130Thanks,
Dinesh Divekar
From India, Bangalore
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Thank you, Mr. Dinesh Divekar, for your assistance. I have received an appointment letter recently. The separation clause in the letter states that I must provide a 7-day notice period as I am still in my probation period, which I have already fulfilled by submitting the notice. However, if I decide to resign during this probation period, the company's policy dictates that they will withhold one month's salary.
I have now received a final settlement list from them. My concern is whether the company can take any legal action against me if I fail to pay the settlement amount they have specified?
Thank you for your guidance on this matter.
Sincerely,
[Your Name]
From India, Malappuram
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I have now received a final settlement list from them. My concern is whether the company can take any legal action against me if I fail to pay the settlement amount they have specified?
Thank you for your guidance on this matter.
Sincerely,
[Your Name]
From India, Malappuram
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You mentioned that you have worked for just four days in the company. After submitting your resignation, the company has sent a list of the final settlements. What does this list contain? You also mentioned that you have returned the assets allocated to you by the company. They are planning to withhold your salary as well. In that case, what is the liability from your side? Kindly confirm.
Thanks,
Dinesh Divekar
From India, Bangalore
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Thanks,
Dinesh Divekar
From India, Bangalore
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Dear Mr. Dinesh Divekar, the settlement list contains the amount that I should pay them as I am leaving the job during my probation period. It is the amount left over after deducting my salary for the four days that I had worked.
From India, Malappuram
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From India, Malappuram
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Dear member,
I wish I had asked you to type the verbatim of the final settlement letter that your company has given you. It appears that the company has inserted two clauses for separation. One is on the notice period, which is seven days, and another is the payment of a 1-month salary if the resignation is during the probation period. Please confirm whether my understanding is correct.
If my understanding is correct, then let me say that the company cannot have any clause over and above the notice period. The separating employee has to serve the notice period or pay the salary in lieu of the underserved period. The company cannot have both.
Nevertheless, I recommend you type the verbatim of the letter in your next post. This will help in understanding whether or not my interpretation is correct.
Thanks,
Dinesh Divekar
From India, Bangalore
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I wish I had asked you to type the verbatim of the final settlement letter that your company has given you. It appears that the company has inserted two clauses for separation. One is on the notice period, which is seven days, and another is the payment of a 1-month salary if the resignation is during the probation period. Please confirm whether my understanding is correct.
If my understanding is correct, then let me say that the company cannot have any clause over and above the notice period. The separating employee has to serve the notice period or pay the salary in lieu of the underserved period. The company cannot have both.
Nevertheless, I recommend you type the verbatim of the letter in your next post. This will help in understanding whether or not my interpretation is correct.
Thanks,
Dinesh Divekar
From India, Bangalore
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