I have some HR-related query. I have left a company without serving notice of 15 days, but they never gave me any appointment letter or any confirmation letter. They give me a payslip but they do not deduct any PF. Can they take any legal action against me? If yes, what action can be taken against me, and how to bypass that or negotiate that?
From India, Lucknow
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1From India, Lucknow
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Dear [Recipient],
If there are any dues payable, they will adjust the same against your notice pay. However, if there are no dues payable to you, they will find it impossible to pursue any legal remedy against you. Any organization will be ill-advised to go for recovery proceedings merely on the basis of certain payslips issued by them.
Regards,
KK
From India, Bhopal
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If there are any dues payable, they will adjust the same against your notice pay. However, if there are no dues payable to you, they will find it impossible to pursue any legal remedy against you. Any organization will be ill-advised to go for recovery proceedings merely on the basis of certain payslips issued by them.
Regards,
KK
From India, Bhopal
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Even though the company did not provide any offer letter or appointment letter, the fact that you served in the company for some time itself establishes an employer-employee relationship. Therefore, it is better to exit in a way that is required to honor this relationship, i.e., by sending a proper resignation with a notice period, if necessary.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Dear,
Don't worry, your last employer has no right to take legal action, provided that you have not engaged in any illegal activities that could lead to legal action under the IPC. Otherwise, don't worry.
Dilip
From India, Surat
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Don't worry, your last employer has no right to take legal action, provided that you have not engaged in any illegal activities that could lead to legal action under the IPC. Otherwise, don't worry.
Dilip
From India, Surat
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Hi Mr. Saikumar,
I have already sent my resignation email to them requesting them to waive off my notice period; however, they have refused. My question now is, since they did not provide any appointment letter or any confirmation letter, and now that I have already joined another company and can't think of serving the notice period, what are my options? Can they take any legal action against me if I do not serve any notice to them (keeping in mind I did not get any confirmation letter or any appointment letter - which, as per me, is illegal itself), and will I be considered an employee of the employer at all?
Regards,
From India, Lucknow
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I have already sent my resignation email to them requesting them to waive off my notice period; however, they have refused. My question now is, since they did not provide any appointment letter or any confirmation letter, and now that I have already joined another company and can't think of serving the notice period, what are my options? Can they take any legal action against me if I do not serve any notice to them (keeping in mind I did not get any confirmation letter or any appointment letter - which, as per me, is illegal itself), and will I be considered an employee of the employer at all?
Regards,
From India, Lucknow
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Hi,
Don't worry and enjoy your new role in the company. What Mr. Sai Kumar had suggested is the "ideal practice" that should be followed. Since you have not signed any appointment letter which gives a right to both parties in the employer-employee relationship, it is fine.
So, move on and best of luck for your future endeavors. :)
From India, Delhi
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Don't worry and enjoy your new role in the company. What Mr. Sai Kumar had suggested is the "ideal practice" that should be followed. Since you have not signed any appointment letter which gives a right to both parties in the employer-employee relationship, it is fine.
So, move on and best of luck for your future endeavors. :)
From India, Delhi
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Now you have joined the new company. You have sent in your resignation. They have refused to accept it. As an erstwhile employee, you performed your part of the obligation of the employer-employee relationship by sending a proper resignation. This is the minimum required of an employee who worked in an establishment. Now they cannot say that you have absconded. It is none of your business whether they accept your resignation or not, since the new employer, it seems, did not insist on any relieving certificate. So far as the notice period is concerned, they have not communicated with you in writing about any such condition either by way of an appointment letter or by an offer letter. Thus, there is no contractual ground for them to proceed against you on this score. Your ex-employer has not said anything about legal action, though he refused your resignation since he has no ground to take it, and no employer will resort to legal action in such matters. Otherwise, he will be busy with such issues that occur day-in and day out. So enjoy your present job. Don't live in the past. There will always be solutions. Look ahead.
B. Saikumar
Mumbai
From India, Mumbai
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B. Saikumar
Mumbai
From India, Mumbai
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