Hello Sir,
I have joined a software services company few months ago at Bangalore and I worked for just 5 working days and on 6th working day(Monday) I sent an immediate resignation through mail due to personal problems during the period in my family and left to my home town. I have left the company in first week of probation.
now after 2 months company has sent a warning letter by post to pay 25 days of salary out of 30 days for not serving the notice period of a month, asked me to reply for the post with in 15 days of time else they would initiate legal action on me. I did not reply to their post and by mistake one of relatives took the register post when I was out of station. I received an email of Alumni letter 2 months before, please clarify me that this means that they have accepted my resignation and relieved from services. Can I show this as proof in future.
Please help me with best solution. The other negative fact is that I have lost the offer letter provided by the company if any proof required further. I have few mails they sent after my resignation. I dont even have soft copy I have only the salary structure sent by email.
I am looking forward for your precious advices.
Sekar
From United States, Minneapolis
I have joined a software services company few months ago at Bangalore and I worked for just 5 working days and on 6th working day(Monday) I sent an immediate resignation through mail due to personal problems during the period in my family and left to my home town. I have left the company in first week of probation.
now after 2 months company has sent a warning letter by post to pay 25 days of salary out of 30 days for not serving the notice period of a month, asked me to reply for the post with in 15 days of time else they would initiate legal action on me. I did not reply to their post and by mistake one of relatives took the register post when I was out of station. I received an email of Alumni letter 2 months before, please clarify me that this means that they have accepted my resignation and relieved from services. Can I show this as proof in future.
Please help me with best solution. The other negative fact is that I have lost the offer letter provided by the company if any proof required further. I have few mails they sent after my resignation. I dont even have soft copy I have only the salary structure sent by email.
I am looking forward for your precious advices.
Sekar
From United States, Minneapolis
167
Dear Sekar just follow the advice given by Malik Sir. Dont worry let them send notices what so ever . You just ignore and dont waste yuor time by unnecessarily replying to it. Sanjeev
From India, Delhi
From India, Delhi
Sekar,
While I am not entering into a discussion on the merits and demerits of such a practice, my intent is just to share with you the practice that some companies follow in the event an employee leaves employment without serving the due notice period. Some companies are following the practice (off-course, they do not see the futility of making an employee serve against his will for the balance notice period and risking, in the process, the many pitfalls associated with a lower level of engagement on the part of such an exiting employee) of treating the act of absence of an employee during the notice period as absconsion from service. They normally send a letter asking the employee to report back within 'x' number of days on the receipt of such letter failing which the employment will be terminated from the company's end. In case the employee comes back, they may choose to either discuss the employee's underlying drivers for having quit and possibly try and retain him with some advice / note of caution around the act of having suddenly discontinued serving the company during the currency of the notice peirod, or, as happens in most cases, relieve the employee forthwith (in some cases, ask the employee to continue serving the balance notice period). In the event that the employee does not respond to the first letter within the time stipulated, the employer would send the termination letter through registered post and keep the receipt for records as proof of the employee having been struck off from the muster roll and the fact that this act has been shared with the employee. In such cases, the employer will, in case there are any recoverables from the employee, ask the employee to square off the amount before the employer sends the service certificate and other documents. In practice, I have not seen any benefit emerging through such a practice other than an increase in paperwork and administrative burden on the HR departement of the employer itself. Most employees do not care to square off the recoverables from them however, in a few cases, I have witnessed employees coming back to the employer after almost a year when they may require their Form 16. In such cases, I have witnessed the practice of the employer remaining firm on their stand around the employee squaring off the amount first before they dispatch the Form 16 to the employee and some employees have complied with this.
My considered opinion is that notice periods cannot be rigidly enforced in this manner but at the end of the day, to create a level playing field, you cannot have a situation where its a free for all in so far as the employees are concerned in that they too need to respect the notice period obligations off them as expected off any professional. However, this should not mean that the employers need to be so ham-handed in their approach towards enforcing the notice period requirements.
From India, Ghaziabad
While I am not entering into a discussion on the merits and demerits of such a practice, my intent is just to share with you the practice that some companies follow in the event an employee leaves employment without serving the due notice period. Some companies are following the practice (off-course, they do not see the futility of making an employee serve against his will for the balance notice period and risking, in the process, the many pitfalls associated with a lower level of engagement on the part of such an exiting employee) of treating the act of absence of an employee during the notice period as absconsion from service. They normally send a letter asking the employee to report back within 'x' number of days on the receipt of such letter failing which the employment will be terminated from the company's end. In case the employee comes back, they may choose to either discuss the employee's underlying drivers for having quit and possibly try and retain him with some advice / note of caution around the act of having suddenly discontinued serving the company during the currency of the notice peirod, or, as happens in most cases, relieve the employee forthwith (in some cases, ask the employee to continue serving the balance notice period). In the event that the employee does not respond to the first letter within the time stipulated, the employer would send the termination letter through registered post and keep the receipt for records as proof of the employee having been struck off from the muster roll and the fact that this act has been shared with the employee. In such cases, the employer will, in case there are any recoverables from the employee, ask the employee to square off the amount before the employer sends the service certificate and other documents. In practice, I have not seen any benefit emerging through such a practice other than an increase in paperwork and administrative burden on the HR departement of the employer itself. Most employees do not care to square off the recoverables from them however, in a few cases, I have witnessed employees coming back to the employer after almost a year when they may require their Form 16. In such cases, I have witnessed the practice of the employer remaining firm on their stand around the employee squaring off the amount first before they dispatch the Form 16 to the employee and some employees have complied with this.
My considered opinion is that notice periods cannot be rigidly enforced in this manner but at the end of the day, to create a level playing field, you cannot have a situation where its a free for all in so far as the employees are concerned in that they too need to respect the notice period obligations off them as expected off any professional. However, this should not mean that the employers need to be so ham-handed in their approach towards enforcing the notice period requirements.
From India, Ghaziabad
Although there are no laws forbiddiing Sekar to continue and ignore them, there is a professional responsibility. The world is very small!
I went through the above harmful suggestions to Sekar from all, I feel very sad that senior professionals like Mr. Malik are unable to counsel and motivating an employee on an act(not illegal/ immoral) but yes, very unprofessional. All the above suggestions are going to harm Sekar in future. Its like a kid sipping a wine secretly and the parents are motivating on the same.
The better advise would be: Sekar should write a detailed mail to his former employer about the situation very honestly and reconcile his relationship, though he is not going to be re-employed with them.
Also Mr. Malik and others, please express your true feelings if you have 5 employees comming and joinin you for a week as your deputy/ deputy manager and all leaving you without any info/notice.
Dear All, please be honest to suggest and before advising anybody, put yoursel into both the shoes(Advisor & Advisee).
Dear Sekar, going through your mails I feel you're still in a nascent career of your life. Please write a simple mail to your ex-employer and close this. if you need any advise on the mail, let me know, i can guide you.
From India
I went through the above harmful suggestions to Sekar from all, I feel very sad that senior professionals like Mr. Malik are unable to counsel and motivating an employee on an act(not illegal/ immoral) but yes, very unprofessional. All the above suggestions are going to harm Sekar in future. Its like a kid sipping a wine secretly and the parents are motivating on the same.
The better advise would be: Sekar should write a detailed mail to his former employer about the situation very honestly and reconcile his relationship, though he is not going to be re-employed with them.
Also Mr. Malik and others, please express your true feelings if you have 5 employees comming and joinin you for a week as your deputy/ deputy manager and all leaving you without any info/notice.
Dear All, please be honest to suggest and before advising anybody, put yoursel into both the shoes(Advisor & Advisee).
Dear Sekar, going through your mails I feel you're still in a nascent career of your life. Please write a simple mail to your ex-employer and close this. if you need any advise on the mail, let me know, i can guide you.
From India
Dear Sekar,
Before providing any inputs, I just want to know whether you have signed any appointment letter or not.
If you have signed any appointment letter, then the company can legally take you to the labour court as per the termination clause mentioned into the appointment letter, please refer the copy of appointment letter provided by them.
Lot of company has the different termination / separation policy in the case of probation, but if the employee has signed the appointment letter (or any judicial bond) then the employee is libel to full fill the termination clause.
As per my suggestion, please reply on the mails / emails send by you last company, and provide us the termination / separation clause given in the appointment letter for better understanding.
Please feel free to contact under sign for any further clarification / assistant.
Thanks & Regards
Kumar Gourav
Human Resources
From India
Before providing any inputs, I just want to know whether you have signed any appointment letter or not.
If you have signed any appointment letter, then the company can legally take you to the labour court as per the termination clause mentioned into the appointment letter, please refer the copy of appointment letter provided by them.
Lot of company has the different termination / separation policy in the case of probation, but if the employee has signed the appointment letter (or any judicial bond) then the employee is libel to full fill the termination clause.
As per my suggestion, please reply on the mails / emails send by you last company, and provide us the termination / separation clause given in the appointment letter for better understanding.
Please feel free to contact under sign for any further clarification / assistant.
Thanks & Regards
Kumar Gourav
Human Resources
From India
I have signed on the offer letter, I did not get appointment letter. I think both are different right...! as per agreement I have to serve a month notice in probation. but I have just worked for 5 days of time and they never assigned any work for me, even I did not get employee ID. I had everything temporary transport/ID etc., I have posted them everything on the day of resignation and they agreed on phone.
I think in this slump time, they found this as a money earning chance, if they are asking 10/20 thousands I am ready to pay
they are asking 72,000...I never asked salary or relocation reimbursements. now I am not worried I have made my self ready to face the problem, I will take printout of the documents whatever I have, if they put case in the court.
if they have not accepted my resignation why would they send the Alumni email at the end of same month. this concludes they accepted and relieved from all the services. I never stopped them to respond me, they could have responded after 15 days according to the offer letter else they would terminate employee from the services. no where they might have mentioned that can take legal action.
From United States, Minneapolis
I think in this slump time, they found this as a money earning chance, if they are asking 10/20 thousands I am ready to pay
they are asking 72,000...I never asked salary or relocation reimbursements. now I am not worried I have made my self ready to face the problem, I will take printout of the documents whatever I have, if they put case in the court.
if they have not accepted my resignation why would they send the Alumni email at the end of same month. this concludes they accepted and relieved from all the services. I never stopped them to respond me, they could have responded after 15 days according to the offer letter else they would terminate employee from the services. no where they might have mentioned that can take legal action.
From United States, Minneapolis
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WARNING LETTER FOR ABSENCE.doc