Hello Seniors,
One of my friends needs your help. He is a fresher HR professional who recently started working in an organization and requires your assistance. He issued an offer letter to a candidate which only mentioned the joining date and a retention amount that cannot be claimed if the employee leaves before six months. During the interview, the company informed the candidate that he may need to stay an additional half an hour to an hour when necessary, to which he agreed.
However, after three months, the fresher declined to stay longer for urgent work and decided to leave the job. A relative of his is now threatening the company, insisting on receiving a work experience letter for three months and mentioning the possibility of involving labor authorities for minimum wages.
My friend, the HR professional, did not provide any appointment letter, mention a notice period, or specify any bond amount in the offer letter. The only statement related to this issue was: "You will serve a bond with us for a minimum period of 6 months from the date of your joining."
Now, my HR friend seeks advice on what actions the employee can take in this situation. This is a new experience for both of us. The candidate was a fresher who was given an opportunity by the company, received training, and now the company is facing challenges. The company only requested him to stay beyond regular hours in case of workload, up to 7 pm, which he refused (not even on a daily basis). The regular timing was from 10 am to 6:30 pm. Can the employee file a legal case against the company? Although there was no specific amount mentioned in the offer letter, the company paid for three months through bank transactions.
Please advise on the best course of action in this complex situation. Thank you for your guidance.
From India, Mumbai
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13One of my friends needs your help. He is a fresher HR professional who recently started working in an organization and requires your assistance. He issued an offer letter to a candidate which only mentioned the joining date and a retention amount that cannot be claimed if the employee leaves before six months. During the interview, the company informed the candidate that he may need to stay an additional half an hour to an hour when necessary, to which he agreed.
However, after three months, the fresher declined to stay longer for urgent work and decided to leave the job. A relative of his is now threatening the company, insisting on receiving a work experience letter for three months and mentioning the possibility of involving labor authorities for minimum wages.
My friend, the HR professional, did not provide any appointment letter, mention a notice period, or specify any bond amount in the offer letter. The only statement related to this issue was: "You will serve a bond with us for a minimum period of 6 months from the date of your joining."
Now, my HR friend seeks advice on what actions the employee can take in this situation. This is a new experience for both of us. The candidate was a fresher who was given an opportunity by the company, received training, and now the company is facing challenges. The company only requested him to stay beyond regular hours in case of workload, up to 7 pm, which he refused (not even on a daily basis). The regular timing was from 10 am to 6:30 pm. Can the employee file a legal case against the company? Although there was no specific amount mentioned in the offer letter, the company paid for three months through bank transactions.
Please advise on the best course of action in this complex situation. Thank you for your guidance.
From India, Mumbai
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I think any legal person can give better suggestion for you.
From India, Mumbai
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From India, Mumbai
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Hi,
Your question is not clear. How did the employee join and work for 3 months without an appointment letter? What was the salary or stipend fixed for this period? Has the employee signed any training agreement?
An offer letter is typically preliminary to the official appointment order. If there is an appointment order in place, the company has the right to take disciplinary action if the employee fails to report to duty without prior notice, which could result in termination.
It seems like the employee may be making threats in an attempt to gain an advantage. HR should take a firm stance and communicate that disciplinary action will be pursued against the employee.
From India, Madras
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Your question is not clear. How did the employee join and work for 3 months without an appointment letter? What was the salary or stipend fixed for this period? Has the employee signed any training agreement?
An offer letter is typically preliminary to the official appointment order. If there is an appointment order in place, the company has the right to take disciplinary action if the employee fails to report to duty without prior notice, which could result in termination.
It seems like the employee may be making threats in an attempt to gain an advantage. HR should take a firm stance and communicate that disciplinary action will be pursued against the employee.
From India, Madras
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Thank you so much, Sir, for your guidance. The employee didn't sign the appointment letter and postponed it with excuses. He didn't sign any other agreement except the offer letter. It seems like he just learned as a fresher trainee and left after 3 months, now asking for an experience letter.
Thank you again, V.M. Lakshminarayanan, Sir.
From India, Mumbai
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Thank you again, V.M. Lakshminarayanan, Sir.
From India, Mumbai
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