I have submitted my resignation from my company after 45 days of joining. They did not have a notice period as I had not received the appointment letter. The appointment letter was not provided to me until the date of my resignation. However, they were insisting on me serving a 30-day notice period. Instead, I chose to leave the company by serving a 2-day notice period. They did not accept my resignation, and now they are refusing to pay me for the 19 days of work I completed.
In this situation, what legal action can be taken against them for my Full and Final settlement (FNF)? Please provide guidance as the amount involved is more than Rs. 50,000.
From India, Gurgaon
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1In this situation, what legal action can be taken against them for my Full and Final settlement (FNF)? Please provide guidance as the amount involved is more than Rs. 50,000.
From India, Gurgaon
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It's a good lesson to learn: always make all points clear before joining any organization. Try to work your way through negotiating and explaining them. I am sure they will understand. All the best.
Also, it all depends on how long you have been working with them.
From India, Mahesana
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Also, it all depends on how long you have been working with them.
From India, Mahesana
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If you are claiming that you left within 2 days because you did not have an appointment letter and hence the clause is not applicable to you, the company can claim the same. They can claim that you never worked for them and that is why they did not give you an appointment letter. In which case, there is no question of doing a full and final settlement. Please never assume clauses or actions without having full knowledge of the repercussions. The best way out here is to request the company to settle your dues and end on a happy note.
From India, Mumbai
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From India, Mumbai
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Standard notice period is 1 month or 30 days. That is known to everyone, but custom and common usage. Further, the model standing orders also provide for the same. So whether you got your appointment letter or not, the Company is very much justified in asking you to fulfill it. You didn't serve 2 days notice. That is a joke. You absconded and walked off leaving the company in a lurch. Forget getting paid for 19 days, they should sue to recover the 30 days notice period. Actually probably the first month's payment made to you has been a waste of money for the company.
From India, Mumbai
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From India, Mumbai
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Companies are not running for charitable trust; even if you have not completed the minimum probationary period or settling time. Being an employee, it is not good practice. You should explain your situation to the management and exit happily without minding any expectations. If there is a valid reason for your exit, explain it and request your dues from them. If the management does not consider your request or acknowledge the pain of your worked days, then initiate action against the management with the help of legal authorities.
From India, Ariyalur
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From India, Ariyalur
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Since you have mentioned that the amount is more than Rs. 50,000/- for 19 days, which means you were getting a salary of not less than Rs. 80,000/- per month, indicating that you were hired for a higher position. It is surprising to assume that a higher-level personnel can join the company without an appointment letter and leave the company abruptly with a 2-day notice. As Mr. Banerjee has rightly mentioned, the company probably made a mistake in hiring the wrong person, resulting in wasting the first month's salary.
Regarding your query, the company stated that during the probationary period, you assumed there was no notice period and hence left the company within 2 days.
From India, Ahmadabad
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Regarding your query, the company stated that during the probationary period, you assumed there was no notice period and hence left the company within 2 days.
From India, Ahmadabad
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Thanks to all of you for your valuable replies. Actually, I was hired as a Sr. team lead by the company, but they were giving me tasks as L3 support. They were not providing me with the role and responsibility as per my designation, and they don't have sufficient projects. At the time of hiring, they stated that they were hiring for a new project which had started a month ago. However, when I joined, I found out that the project had been assigned to another team, and I was idle for a month. After that, they assigned me tasks as L3 Support in an older project.
I realized that my job was not secure there, which is why I decided to search for a new job. Luckily, I found one and then resigned from the company with a 2-day notice period. If a company can terminate without notice during the probationary period, why is it considered wrong for an employee to do the same?
From India, Gurgaon
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I realized that my job was not secure there, which is why I decided to search for a new job. Luckily, I found one and then resigned from the company with a 2-day notice period. If a company can terminate without notice during the probationary period, why is it considered wrong for an employee to do the same?
From India, Gurgaon
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Please sue the employer for wrongly hiring and also for not settling the final settlement. Before joining a senior position, you should always ensure you have all the related papers in hand. If you join in a hurry, this will be the situation!
From India, Ernakulam
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From India, Ernakulam
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There are some companies that give an Appointment Letter after a month or more. Initially, they just provide you with an Offer Letter. Once you confirm the offer from your side, then you have to commit to joining. Without joining, you cannot ask for an Appointment Letter. After joining, if you leave your old company, and they provide you with an Appointment Letter to which you have objections, what can you do? An employee alone cannot fight legally because, as you know, our court system is time-consuming. Sometimes, if a new company learns that the employee they hired is involved in a legal matter with a previous company, they may view it negatively and decide to let the employee go sooner or later.
From India, undefined
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From India, undefined
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Full n final settlement.doc