Dear All,
I have joined a huge Tier 3 IT company. In the interview, I have told my expected salary to HR. However, in the offer letter I seen that salary is 30% less than expected salary. I try to negotiate with company by saying many important points, but they denied negotiating. They asked me to join company because it is huge, have international expose, award and many other positive points of company, they diverted me from salary and ultimately convince me to join that company.
However, after 3 weeks I realize that my salary is less and working culture, working environment and working process is not suitable for me. Earlier in the interview I have told them that I have skill that would be useful to the company (which is not given in job advert.), but they doesn't value that skill and now work is coming which require that skill. Therefore, I asked my managers that I want to give resignation. They try to convince me to retain in the company but ultimately I have given resignation and my manager accepted it. Approval from HR is pending.
Now in my offer letter it is written that –
“In case you absent yourself from duty continuously, without prior authorization, for 10 calendar days or more you shall be deemed to have left and relinquished the service on your own accord and such relinquishment of service shall be deemed as a repudiation of the contract of employment by you. In such circumstances, the Management will have the discretion of (a) adjusting salary of the notice period of such abandonment (b) presume that you have voluntarily abandoned the services of the company and strike of your name from the rolls of the company.”
“This contract of employment between you and the company may be terminated by either party by giving 90 days notice or gross 3 months’ salary in lieu thereof. In the event of willful neglect or breach of any of the terms hereof or refusal on your part to carry out the lawful instruction of any member of the company or being guilty of misconduct, the company may terminate your employment forthwith without notice.”
Now I have given resignation. But salary, working culture, working environment and working process is so unsatisfactory that I do not want to serve 3 months notice period. From company calling me repeatedly after resignation to do the job for notice period. After resigning they are giving job which is not my responsibility (in that skill which has not value said in the interview). Yes, there is a method for early release if management head approve, but now the process is delay by somehow. I have not join any other company after this company. And I do not want to take any salary for 3 weeks or any documents.
My question is –
If I do not go to office after resignation, will they asked me to pay 3 months’ salary to company?
Will company abscond me?
Will company take legal action against me?
What is the solution to get free from this company as soon as possible (today)?
From India, Kolkata
I have joined a huge Tier 3 IT company. In the interview, I have told my expected salary to HR. However, in the offer letter I seen that salary is 30% less than expected salary. I try to negotiate with company by saying many important points, but they denied negotiating. They asked me to join company because it is huge, have international expose, award and many other positive points of company, they diverted me from salary and ultimately convince me to join that company.
However, after 3 weeks I realize that my salary is less and working culture, working environment and working process is not suitable for me. Earlier in the interview I have told them that I have skill that would be useful to the company (which is not given in job advert.), but they doesn't value that skill and now work is coming which require that skill. Therefore, I asked my managers that I want to give resignation. They try to convince me to retain in the company but ultimately I have given resignation and my manager accepted it. Approval from HR is pending.
Now in my offer letter it is written that –
“In case you absent yourself from duty continuously, without prior authorization, for 10 calendar days or more you shall be deemed to have left and relinquished the service on your own accord and such relinquishment of service shall be deemed as a repudiation of the contract of employment by you. In such circumstances, the Management will have the discretion of (a) adjusting salary of the notice period of such abandonment (b) presume that you have voluntarily abandoned the services of the company and strike of your name from the rolls of the company.”
“This contract of employment between you and the company may be terminated by either party by giving 90 days notice or gross 3 months’ salary in lieu thereof. In the event of willful neglect or breach of any of the terms hereof or refusal on your part to carry out the lawful instruction of any member of the company or being guilty of misconduct, the company may terminate your employment forthwith without notice.”
Now I have given resignation. But salary, working culture, working environment and working process is so unsatisfactory that I do not want to serve 3 months notice period. From company calling me repeatedly after resignation to do the job for notice period. After resigning they are giving job which is not my responsibility (in that skill which has not value said in the interview). Yes, there is a method for early release if management head approve, but now the process is delay by somehow. I have not join any other company after this company. And I do not want to take any salary for 3 weeks or any documents.
My question is –
If I do not go to office after resignation, will they asked me to pay 3 months’ salary to company?
Will company abscond me?
Will company take legal action against me?
What is the solution to get free from this company as soon as possible (today)?
From India, Kolkata
Dear Sandipc,
At an outset, when you are aware and not agreeable with the salary they offered you, why do you have to get lured when they convince you. I guess your stage to understands today's people must be stronger.
However, besides the point that you specified, let me ask you:
- Is there any sort of agreement/contract that you signed with the company? If No, then you may no need to worry about the fact of paying a lumsome amount. But, what about your ethics of working in a company. Please understand. There is a rule for every company on notice period that is stipulated for an employee in order to proper handover of work. It also gives the employer some time to find a person specific to the position that you resigned.
- Company may have the right to abscond you from services and will not pay you your salary for working days.
- No company has any right to take up cases legally unless and until, the employer has invested some training needs incurred for the position you are in. Therefore, at that point you may require to pay. (In your case, I think NO)
- The solution is to request the management and explain them the need/crisis for you to leave the job.
I anticipate your employer may deem your aspect and relieve your services as desired by you.
From India, Visakhapatnam
990At an outset, when you are aware and not agreeable with the salary they offered you, why do you have to get lured when they convince you. I guess your stage to understands today's people must be stronger.
However, besides the point that you specified, let me ask you:
- Is there any sort of agreement/contract that you signed with the company? If No, then you may no need to worry about the fact of paying a lumsome amount. But, what about your ethics of working in a company. Please understand. There is a rule for every company on notice period that is stipulated for an employee in order to proper handover of work. It also gives the employer some time to find a person specific to the position that you resigned.
- Company may have the right to abscond you from services and will not pay you your salary for working days.
- No company has any right to take up cases legally unless and until, the employer has invested some training needs incurred for the position you are in. Therefore, at that point you may require to pay. (In your case, I think NO)
- The solution is to request the management and explain them the need/crisis for you to leave the job.
I anticipate your employer may deem your aspect and relieve your services as desired by you.
From India, Visakhapatnam
Hello Sharmila,
Thank you for your suggestion.
- No other contract / agreement has been signed by me. Only I have signed in the offer letter where it is written:
“This contract of employment between you and the company may be terminated by either party by giving 90 days notice or gross 3 months’ salary in lieu thereof. In the event of willful neglect or breach of any of the terms hereof or refusal on your part to carry out the lawful instruction of any member of the company or being guilty of misconduct, the company may terminate your employment forthwith without notice.” And “In case you absent yourself from duty continuously, without prior authorization, for 10 calendar days or more you shall be deemed to have left and relinquished the service on your own accord and such relinquishment of service shall be deemed as a repudiation of the contract of employment by you. In such circumstances, the Management will have the discretion of (a) adjusting salary of the notice period of such abandonment (b) presume that you have voluntarily abandoned the services of the company and strike of your name from the rolls of the company.”
So, am I had to pay 3 months’ salary for this signed document?
- Yes I have ethics. However, I have joined 3 weeks ago and I have to serve three months notice period. This is very strange. What is your opinion? Now after resignation they giving me work which is not covered under my job responsibility. Some company has probation period, to understand employee and company either side, but in this company, no.
- I do not want salary for 3 weeks and also not any papers.
- No, company does not give me any training.
And, may I know please here what you mean by "abscond"? Really, I am not clear idea about word "abscond"?
Regards,
Sandip
From India, Kolkata
Thank you for your suggestion.
- No other contract / agreement has been signed by me. Only I have signed in the offer letter where it is written:
“This contract of employment between you and the company may be terminated by either party by giving 90 days notice or gross 3 months’ salary in lieu thereof. In the event of willful neglect or breach of any of the terms hereof or refusal on your part to carry out the lawful instruction of any member of the company or being guilty of misconduct, the company may terminate your employment forthwith without notice.” And “In case you absent yourself from duty continuously, without prior authorization, for 10 calendar days or more you shall be deemed to have left and relinquished the service on your own accord and such relinquishment of service shall be deemed as a repudiation of the contract of employment by you. In such circumstances, the Management will have the discretion of (a) adjusting salary of the notice period of such abandonment (b) presume that you have voluntarily abandoned the services of the company and strike of your name from the rolls of the company.”
So, am I had to pay 3 months’ salary for this signed document?
- Yes I have ethics. However, I have joined 3 weeks ago and I have to serve three months notice period. This is very strange. What is your opinion? Now after resignation they giving me work which is not covered under my job responsibility. Some company has probation period, to understand employee and company either side, but in this company, no.
- I do not want salary for 3 weeks and also not any papers.
- No, company does not give me any training.
And, may I know please here what you mean by "abscond"? Really, I am not clear idea about word "abscond"?
Regards,
Sandip
From India, Kolkata
Dear Mr. Sandip,
Thanks for expounding with some more information. Hetherto, there is no such manifestattion of breaching a contract in the first case. Your terms in the offer letter mentions that "(a) adjusting salary of the notice period of such abandonment (b) presume that you have voluntarily abandoned the services of the company and strike of your name from the rolls of the company.”
The statement above is self explanatory. You may not be required to serve a notice as you were under probation and have resigned your services which inturn is accepted by your management. Moreover there has no training been provided as such. There is no legitimacy for going legal on the same.
Abscond is something which is used in general by all the companies. It means "to run away secretly, especially in order to escape from that place or situation". Though you may not have the intension of forsaking, but it's a common terminology.
However, there ain't no necessary to get worried especially when you are aware of the facts by now.
From India, Visakhapatnam
Thanks for expounding with some more information. Hetherto, there is no such manifestattion of breaching a contract in the first case. Your terms in the offer letter mentions that "(a) adjusting salary of the notice period of such abandonment (b) presume that you have voluntarily abandoned the services of the company and strike of your name from the rolls of the company.”
The statement above is self explanatory. You may not be required to serve a notice as you were under probation and have resigned your services which inturn is accepted by your management. Moreover there has no training been provided as such. There is no legitimacy for going legal on the same.
Abscond is something which is used in general by all the companies. It means "to run away secretly, especially in order to escape from that place or situation". Though you may not have the intension of forsaking, but it's a common terminology.
However, there ain't no necessary to get worried especially when you are aware of the facts by now.
From India, Visakhapatnam
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Taxability of leave encashment on resignation.doc