I recently joined an office where I have only been for 1 day, which is the joining day. I don't want to work there. Now, my question is that I haven't signed any bond. However, in the agreement letter of the company, it is written that if an employee leaves the office, she has to pay 2 months' salary. Please suggest what will happen in terms of legal action if I abscond from the office.
From India, Mumbai
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6From India, Mumbai
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Nothing. Bonded labor is not acceptable. They may 'bark' for sometime. Ignore them and keep going. Do not rant against them or entertain their comments because it is waste of time and energy for you.
From United States, Arlington
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From United States, Arlington
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If you have signed your offer letter & submitted to them, its professional to intimate the management/HR in regard to this.
From India, Chennai
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From India, Chennai
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(Fact Check Failed/Partial)-The user reply contains some inaccuracies. As per labor laws, an employee cannot be forced to pay a penalty for leaving a job without serving a notice period, especially if no bond has been signed. Legal action cannot be taken for absconding without notice. It is advisable to communicate professionally with the employer.
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Dear Govind Singh Negi,
If I inform HR that I don't want to continue with this company, then again the clause of 2 months' salary will come into play because it is written there that if the company terminates or the employee resigns, he/she has to pay 2 months' salary. Now, my question is: if I abscond, then I may escape paying the 2 months' salary, or if I inform them, then what is the guarantee that they won't take any action against me because it's written in the offer letter that if the employee leaves of their own accord, they have to pay! Please suggest to me what to do.
Harshita
From India, Mumbai
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If I inform HR that I don't want to continue with this company, then again the clause of 2 months' salary will come into play because it is written there that if the company terminates or the employee resigns, he/she has to pay 2 months' salary. Now, my question is: if I abscond, then I may escape paying the 2 months' salary, or if I inform them, then what is the guarantee that they won't take any action against me because it's written in the offer letter that if the employee leaves of their own accord, they have to pay! Please suggest to me what to do.
Harshita
From India, Mumbai
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(Fact Check Failed/Partial)-The user reply is incorrect. In India, as per the Indian Contract Act, 1872, any clause that penalizes an employee for leaving is not legally enforceable. The company cannot force you to pay 2 months' salary if you resign. It is advisable to have a conversation with HR about your decision to leave and the terms mentioned in your agreement.
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Dear Harshita,
Please clarify your situation again:
1. Have they issued an appointment letter after the offer letter?
2. Generally, the appointment letter contains clauses about the notice period.
3. Have all the joining formalities been completed on the first day?
Generally, employers do not take serious actions in your situation. Do not communicate with them directly, but answer their calls and inform them that you are currently unable to come to the office and are occupied with personal matters.
From India, New Delhi
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Please clarify your situation again:
1. Have they issued an appointment letter after the offer letter?
2. Generally, the appointment letter contains clauses about the notice period.
3. Have all the joining formalities been completed on the first day?
Generally, employers do not take serious actions in your situation. Do not communicate with them directly, but answer their calls and inform them that you are currently unable to come to the office and are occupied with personal matters.
From India, New Delhi
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(Fact Check Failed/Partial)-The user reply contains some inaccuracies. It's important to understand the legal implications and consider proper communication. Please refer to the employment laws and company policies for guidance.
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First of all, tell me, why did you quit the job on day one itself? What is the specific reason? These days youngsters are so jumpy, indecisive, and uncertain about what they want, where they go, and why they go. Most unfortunate decision to quit on day one. Something should have happened to make you quit on day one. Hope nobody had forced you to join the company. On your own volition, on your own desire or intent, you joined the company? Then why did you quit? Whether you work for one day or one hour, the moment you have reported for duty, you are an employee. Please remember that. As some learned colleagues have mentioned above, there is nothing free in this world. Every organization spends money/efforts/resources for going through resumes, shortlisting, identifying candidates, calling them for an interview, deploying senior personnel for an interview, preparing offer letters, contacting the candidate for the possible date of joining, briefing the candidate, orienting the candidate - see so many activities precede before you join the company and quit the company like throwing out a smoked cigarette. If you think you were very clever in leaving the job in a huff and then asking here about the repercussions... These implications, you should have thought of before even joining! Can you imagine how much hardship the company must be going through right now, starting from square one to identify a replacement for your short-lived service of one day!
Anyway, it is your life and all the baggage comes along with you only. Be stable in your mind and thoughts, take time to decide on your plans, consult around, and then implement. It is not like jumping into water and asking for swimming lessons through email!
From India, Bengaluru
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Anyway, it is your life and all the baggage comes along with you only. Be stable in your mind and thoughts, take time to decide on your plans, consult around, and then implement. It is not like jumping into water and asking for swimming lessons through email!
From India, Bengaluru
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(Fact Check Failed/Partial)-The user reply contains a lot of personal opinions and judgments rather than focusing on legal implications. It is important to address the legal aspect of the situation. Remember, employment laws protect both employees and employers.
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I regret to mention here that many HR professionals are only advising the candidate to go quiet, to go silent, switch off the mobile phone, run away to Rishikesh, and what not. Please don't try to be a devil's advocate. It will be useful if you tell them the facts instead of converting them into white-collared criminals from now onwards - how to jump bail, etc. Let them face the reality and accept the repercussions. Advise them to make decisions consciously and on their own, instead of pushing them to take legal recourse for doing something unethical. Can any HR person here say that what she has done is right? Did you bother to find out why she quit the job on day one itself? How many of us here have joined an organization and not reported the next day, boldly stating it with a happy face in a forum like this!
My earnest request to all: please do not support such runaway vagabonds who do not honor their commitment and take responsibility. I know it is not a capital crime, nor is it something all of us can support.
Just imagine if you are the HR person of the organization where she worked for one day and quit! How would you feel right now? I leave it to your conscience to decide.
From India, Bengaluru
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My earnest request to all: please do not support such runaway vagabonds who do not honor their commitment and take responsibility. I know it is not a capital crime, nor is it something all of us can support.
Just imagine if you are the HR person of the organization where she worked for one day and quit! How would you feel right now? I leave it to your conscience to decide.
From India, Bengaluru
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(Fact Check Failed/Partial)-The user reply contains a mix of personal opinions and emotional responses rather than factual information related to labor laws. It does not provide a clear answer to the legal implications of absconding from a job with a contractual clause. It is essential to focus on legal consequences and professional advice in such situations.
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Dear Ashok Jangra,
I am clearing up my situation here again.
1. They issued an appointment letter in which the clause is mentioned.
2. Are all formalities of joining complete on the first day? Yes, almost, but I didn't submit my last employer's experience certificate and relieving letter as I will get it after some time. I also didn't open a bank account provided by the company and didn't log in with the ID given by them. My access card (swipe) has also not been given to me.
Harshita
From India, Mumbai
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I am clearing up my situation here again.
1. They issued an appointment letter in which the clause is mentioned.
2. Are all formalities of joining complete on the first day? Yes, almost, but I didn't submit my last employer's experience certificate and relieving letter as I will get it after some time. I also didn't open a bank account provided by the company and didn't log in with the ID given by them. My access card (swipe) has also not been given to me.
Harshita
From India, Mumbai
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(Fact Checked)-The company can take legal action if you abscond, even without signing a bond, due to the clause in the appointment letter. Completing joining formalities is important. (1 Acknowledge point)
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Dear NK SUNDARAM,
I quit the job on [insert specific day] because I did not get the opportunity to do the work discussed in the interview. Only managing Excel sheets offered no future growth. Thus, I left. When I tried to speak to seniors on [specific day], they mentioned that I would gradually adapt. However, my question to you is: I really don't want to work in that company. They still want to retain me. Should I be concerned about any clause regarding a 2-month salary?
Harshita
From India, Mumbai
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I quit the job on [insert specific day] because I did not get the opportunity to do the work discussed in the interview. Only managing Excel sheets offered no future growth. Thus, I left. When I tried to speak to seniors on [specific day], they mentioned that I would gradually adapt. However, my question to you is: I really don't want to work in that company. They still want to retain me. Should I be concerned about any clause regarding a 2-month salary?
Harshita
From India, Mumbai
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(Fact Checked)-The clause in the agreement requiring payment of 2 months' salary upon leaving may be legally enforceable. Seek legal advice to understand your options. (1 Acknowledge point)
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Dear Friend,
Rome was not built in a day. As your seniors rightly told you, you have to start adapting yourself to the situation, learn new skills, and only then can you become a complete man/professional. Overnight, you can't achieve success. If you are restless and impatient on the first day, trying to match what they told you during the interview with what you are asked to do, there is no harm in learning new things in life. Nobody can teach you new skills. When you get an opportunity, grab it with both hands instead of running away on the first day.
I started my career as a stenographer but retired as a Sr. DGM/Head of HR after 30 years. During this time, I graduated, did a PG in HR, pursued a Diploma in Russian Language, countless soft skills, and more. Had I been impatient like you, I would be nowhere at this point in time.
Since they have mentioned the clause in the appointment letter, they may not catch you, but they can always give you trouble if they want for deserting the company on the first day. Much depends on how they treat your sudden absence without you conveying or communicating your reasons for leaving the job abruptly.
You have to wait and watch the situation. As someone has rightly mentioned above, these days, a person can be tracked very easily. You have to do one thing after another to erase the track you have been leaving behind in your movement.
You have to take a chance...
Kind regards,
[Your Name]
From India, Bengaluru
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Rome was not built in a day. As your seniors rightly told you, you have to start adapting yourself to the situation, learn new skills, and only then can you become a complete man/professional. Overnight, you can't achieve success. If you are restless and impatient on the first day, trying to match what they told you during the interview with what you are asked to do, there is no harm in learning new things in life. Nobody can teach you new skills. When you get an opportunity, grab it with both hands instead of running away on the first day.
I started my career as a stenographer but retired as a Sr. DGM/Head of HR after 30 years. During this time, I graduated, did a PG in HR, pursued a Diploma in Russian Language, countless soft skills, and more. Had I been impatient like you, I would be nowhere at this point in time.
Since they have mentioned the clause in the appointment letter, they may not catch you, but they can always give you trouble if they want for deserting the company on the first day. Much depends on how they treat your sudden absence without you conveying or communicating your reasons for leaving the job abruptly.
You have to wait and watch the situation. As someone has rightly mentioned above, these days, a person can be tracked very easily. You have to do one thing after another to erase the track you have been leaving behind in your movement.
You have to take a chance...
Kind regards,
[Your Name]
From India, Bengaluru
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(Fact Check Failed/Partial)-The user reply contains some personal anecdotes and advice but does not directly address the legal implications of absconding from a job with a clause in the agreement letter mentioning a penalty for leaving. It is important to focus on the legal aspects and consequences in such a situation. [response]
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(Fact Check Failed/Partial)-The user reply is incorrect. Bond agreements can be legally enforceable if signed voluntarily. Leaving abruptly can lead to legal consequences. Seek advice.