Dear Sir/Madam,
I joined a firm on 26th October 2013, but due to family problems, I had to leave on 31st October 2013. Although I received the offer letter from the firm, I did not receive an appointment letter. The offer letter mentioned that the appointment letter would be provided after joining, but it was not received within those 6 days.
I informed the firm about my decision to discontinue the job on 6th November, and now they are requesting that I pay one month's salary to them. I did not collect my salary cheque from them for 6 days, and I had signed the joining report during my time there. If I was not given the appointment letter, can they still claim any salary deposit from me? I am feeling very confused and stressed about this situation.
Kindly guide me on how to proceed.
Thank you,
Ashujuii
From India, Mumbai
I joined a firm on 26th October 2013, but due to family problems, I had to leave on 31st October 2013. Although I received the offer letter from the firm, I did not receive an appointment letter. The offer letter mentioned that the appointment letter would be provided after joining, but it was not received within those 6 days.
I informed the firm about my decision to discontinue the job on 6th November, and now they are requesting that I pay one month's salary to them. I did not collect my salary cheque from them for 6 days, and I had signed the joining report during my time there. If I was not given the appointment letter, can they still claim any salary deposit from me? I am feeling very confused and stressed about this situation.
Kindly guide me on how to proceed.
Thank you,
Ashujuii
From India, Mumbai
Dear Ashutosh,
Generally, serving a notice period comes into the scene when an employee has completed the probation period in the company and been confirmed. In your case, you have only been there for 6 days, so there is no point in serving a notice or salary in lieu thereof. Anyways, you have neither received nor signed the appointment letter. Usually, the appointment letter contains clauses related to the termination of services, so you need not worry about the same.
Regards,
Ashutosh
From India, Kollam
Generally, serving a notice period comes into the scene when an employee has completed the probation period in the company and been confirmed. In your case, you have only been there for 6 days, so there is no point in serving a notice or salary in lieu thereof. Anyways, you have neither received nor signed the appointment letter. Usually, the appointment letter contains clauses related to the termination of services, so you need not worry about the same.
Regards,
Ashutosh
From India, Kollam
What was the reason for leaving the job in a short span? Was it only because an Appointment Letter was not issued to you, or was there any other reason? Secondly, let the forum know whether the Offer Letter or Joining Report does have any termination clause mentioned to guide you accordingly.
As per the best knowledge, once you have joined a company, all the terms and conditions will be applicable to each and every employee, whether the same was explained to you or not. In the court of law, knowledge or ignorance is not considered.
From India, Ahmadabad
As per the best knowledge, once you have joined a company, all the terms and conditions will be applicable to each and every employee, whether the same was explained to you or not. In the court of law, knowledge or ignorance is not considered.
From India, Ahmadabad
Dear Ashujii,
Any company cannot ask like this. But following things need to be considered:
What you have discussed with them before joining.
On what all terms & conditions you have joined.
As you have mentioned that you have filled and signed the documents, I wish you would not have signed any bond/agreement.
You have joined there properly, so properly you would have sent them your resignation copy mentioning the reason. Verbal communication can create some problems later on.
If you will consider all these things, you will come to know the solution to your problem.
Although no company can harass any employee like this, what they have discussed with you at the time of your joining is very important.
From India, Delhi
Any company cannot ask like this. But following things need to be considered:
What you have discussed with them before joining.
On what all terms & conditions you have joined.
As you have mentioned that you have filled and signed the documents, I wish you would not have signed any bond/agreement.
You have joined there properly, so properly you would have sent them your resignation copy mentioning the reason. Verbal communication can create some problems later on.
If you will consider all these things, you will come to know the solution to your problem.
Although no company can harass any employee like this, what they have discussed with you at the time of your joining is very important.
From India, Delhi
Thank you all for your expert replies. I was only given an offer letter, and in that, and in the joining report also, no clause about the notice period was mentioned. I was offered a contract for 2 years for a consolidated salary. I resigned due to my personal reasons, which came in my way after joining. Kindly guide.
Thanking you,
Regards,
Ashujuii
From India, Mumbai
Thanking you,
Regards,
Ashujuii
From India, Mumbai
Appointment letter or no appointment letter,the terms and conditions of service will apply.Hence, you have to serve a notice before leaving the service in which you joined, or pay in lieu of notice.
From India, Bokaro
From India, Bokaro
You said that you were given a contract for 2 years on a consolidated salary. Were you given the contract for a specific project or task? If yes, their project may be affected because of you. They are right. If you were given a job/contract for general work not a special project or task, they should not harass you. Also check in company policy if any probation clause in general is there in appointment letters. As one of the above-learned members said, once you join and give them a joining report, all company rules come into force; then this probation clause will help you. Again, service and contract rules are different, and they need separate discussion.
Manoj Kumar Batra
From India, Kharar
Manoj Kumar Batra
From India, Kharar
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