Hi, I require advice. I joined a company, but the work environment wasn't too friendly. For instance, we had to put in mandatory 10 hours of work every day. However, I used to end up working for almost 12 hours due to workload. After a couple of months, I quit. However, I did not submit a formal resignation. I told them I am unwell and will take some time to recover. Since it's been over three weeks now, I was planning to send a resignation citing medical reasons.
But before I could do this, they sent me a pre-termination letter, asking for two months' salary as training costs. I was unable to give notice, which is 15 days, as I had to join my new company immediately. Though the last 12 days of my work have not been paid by the company, and I have not claimed it. Also, this experience is not mentioned on my CV or anywhere else.
From India, Bengaluru
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But before I could do this, they sent me a pre-termination letter, asking for two months' salary as training costs. I was unable to give notice, which is 15 days, as I had to join my new company immediately. Though the last 12 days of my work have not been paid by the company, and I have not claimed it. Also, this experience is not mentioned on my CV or anywhere else.
From India, Bengaluru
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Dear Vinay,
External compulsions, whether legal or moral, always yield to unwillingness arising out of internal urges in individuals, be it an employer or employee. However, the consequences are certainly inescapable, and as such, some form of mitigation is inevitable in the interest of the future. It is better to consider complying with the exit conditions as per the appointment orders to maintain continuity of a clear career record.
From India, Salem
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6108External compulsions, whether legal or moral, always yield to unwillingness arising out of internal urges in individuals, be it an employer or employee. However, the consequences are certainly inescapable, and as such, some form of mitigation is inevitable in the interest of the future. It is better to consider complying with the exit conditions as per the appointment orders to maintain continuity of a clear career record.
From India, Salem
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Unfriendly work environment is one thing, extra work is another thing, but quitting without notice is a wrong done by you.
What were the terms which governed the exit as per your appointment order?
Does the offer letter specify training costs? If so, what training was given to you?
You should comply with the terms of the agreement and give appropriate notice. Now that you have failed to do so, try and settle with the company. If you ignore, you may have a legal battle with your old employer, and many facts will come out, like you had most probably not mentioned to your new employer about the job you quit. So, the chances of your new company feeling that your CV was not entirely truthful are quite possible. One should always think of all consequences when taking actions of this nature.
From India, Pune
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What were the terms which governed the exit as per your appointment order?
Does the offer letter specify training costs? If so, what training was given to you?
You should comply with the terms of the agreement and give appropriate notice. Now that you have failed to do so, try and settle with the company. If you ignore, you may have a legal battle with your old employer, and many facts will come out, like you had most probably not mentioned to your new employer about the job you quit. So, the chances of your new company feeling that your CV was not entirely truthful are quite possible. One should always think of all consequences when taking actions of this nature.
From India, Pune
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I would like to highlight that this is not something I wanted to do. It was more out of having no choice. I have never gotten into such situations before. I cannot serve the notice period because I am already working somewhere else. Additionally, this experience was never mentioned on my CV or anywhere else. Basically, this experience is not beneficial for my career, so I have no intention of mentioning it anywhere.
There were no training costs incurred by the company, as far as I understand from references. I come with enough experience. I was there for two months and 12 days. Out of this, I did not get paid for the last 12 days. My notice period is 15 days, and I am okay with not receiving payment for those days.
From India, Bengaluru
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There were no training costs incurred by the company, as far as I understand from references. I come with enough experience. I was there for two months and 12 days. Out of this, I did not get paid for the last 12 days. My notice period is 15 days, and I am okay with not receiving payment for those days.
From India, Bengaluru
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I understand the work environment and the other points mentioned. Despite asking HR several times before my joining, neither my work timings nor the details I asked for were cleared. My only reason for joining was that I needed to work due to responsibilities at home. I have over 12 years of experience, and I have never done this before, nor was it my intention to exit this way. This was a different industry, and when I found the right job for me, I wanted to move out in an ethical way. However, I was kept hanging for a long time with promises of "your letter is on the way" until the last day. I received my appointment/offer letter after joining the new company, so I didn't have a choice. That's the only reason I had to take the medical route so that I could submit my resignation in a couple of weeks. Additionally, I had them posted, which they claim I did not. I was planning to submit my resignation this week. Another point is that I was just two months into the job and still in probation. As I write this, I have already submitted my resignation there. I wasn't given any training because I have years of experience in what they wanted me to do. There were no specifics on the training costs.
From India, Bengaluru
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From India, Bengaluru
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First, your termination in the company is bad in law since they have not (assuming) given you any charge sheet/show cause for long absenteeism, conducted an enquiry, and terminated you. Neither have they asked you in writing to join the company. In this case, it is illegal termination by the company but not abandonment of service.
However, since you have joined another company, from the joining date of such a company, it will be considered that you have left the service of the earlier company. Even if your appointment letter mentions a 2-month notice period or payment in lieu thereof, you are not required to pay since they have terminated your service.
In order to recover the training cost, if provided by the company, it is a time-consuming matter as the company can recover such training cost provided by them only if there was an agreement and by the process of law.
Check my blog www.labourlawhub.com for more information.
From India, Kolkata
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However, since you have joined another company, from the joining date of such a company, it will be considered that you have left the service of the earlier company. Even if your appointment letter mentions a 2-month notice period or payment in lieu thereof, you are not required to pay since they have terminated your service.
In order to recover the training cost, if provided by the company, it is a time-consuming matter as the company can recover such training cost provided by them only if there was an agreement and by the process of law.
Check my blog www.labourlawhub.com for more information.
From India, Kolkata
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In my pre-termination letter, it is mentioned that they tried to reach me a number of times. The fact is that is false. They tried to reach me twice. Once I could not answer, the second time my husband spoke to HR. She told my husband that she would keep in touch with him on this. It never happened, nor was there any written email on this reach to me. And before these calls, I had informed my manager. So, I have informed them. How can they claim that I have disappeared without informing them? Also, they are asking me to come and complete the notice period, and not joining back.
From India, Bengaluru
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From India, Bengaluru
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You need to prove that you informed them, and in the same way, they also need to prove that they tried to reach you. Communication in writing (letter/email) in this case will be valid. Verbal communication will have no value.
You can write to the company challenging the termination as well as deny the fact that they have tried to contact you.
Please check www.labourlawhub.com for more information.
From India, Kolkata
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You can write to the company challenging the termination as well as deny the fact that they have tried to contact you.
Please check www.labourlawhub.com for more information.
From India, Kolkata
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
Pre and post training assessment form X.doc