I had joined a company and worked there for 2.5 months. Due to some reason, i sent a resignation letter to the hr manager and didn't go to office after that. I didn't get any reply or call from them after the email. One of the hr did asked me if i resigned and didn't say anything else regarding any protocols to be followed.15 to 20 days later, i received a notice period recovery letter which said i had to pay one month's salary in lieu of not serving notice period and failing to do full & final formalities, they will be compelled to take action against me. The probation period is for 6 months. I have nothing in possession of the company. There was no bond involved. My offer letter has standard T&C regarding termination clause.
1. I had resigned in mid month so didn't take the salary for 15 days of work.
2. can they take any legal action against me?
3. what should i do next?
4. I cant pay the amount and neither can i go and serve the notice period due to horrible experience over there.
There are lots of young joiners absconding from the company. The attrition rate is very high in this company. This company has its own set of HR rules and they are not at all cooperative.
From India, Pune
1. I had resigned in mid month so didn't take the salary for 15 days of work.
2. can they take any legal action against me?
3. what should i do next?
4. I cant pay the amount and neither can i go and serve the notice period due to horrible experience over there.
There are lots of young joiners absconding from the company. The attrition rate is very high in this company. This company has its own set of HR rules and they are not at all cooperative.
From India, Pune
Dear ,
I would have appreciated, if you disclose the your name at least....
Secondly, when we are working in any company or co-operation, we need follow some standard process of the respective organization irrespective of any reason you left. but, if you had decided to leave, then you should have left with proper process.
In your case, you have left the organization very unprofessional way irrespective, whether you were on probation or confirm, you employer T&C must mentioned the notice period, & still you left without any proper resignation, only sending the email, do you thing that, is it enough ..? so, still do you think that, its company protocol or yours..?
Solution:-
As you left very unprofessional way, so, forget your dues minus notice period, relieving letter, experience letter & all..
As you were on probation, then you must have 15 days notice period & as you said, your 15 days salary is pending with that company, so, that can be adjustable.
Regards,
Tushar Swar
From India, Mumbai
206I would have appreciated, if you disclose the your name at least....
Secondly, when we are working in any company or co-operation, we need follow some standard process of the respective organization irrespective of any reason you left. but, if you had decided to leave, then you should have left with proper process.
In your case, you have left the organization very unprofessional way irrespective, whether you were on probation or confirm, you employer T&C must mentioned the notice period, & still you left without any proper resignation, only sending the email, do you thing that, is it enough ..? so, still do you think that, its company protocol or yours..?
Solution:-
As you left very unprofessional way, so, forget your dues minus notice period, relieving letter, experience letter & all..
As you were on probation, then you must have 15 days notice period & as you said, your 15 days salary is pending with that company, so, that can be adjustable.
Regards,
Tushar Swar
From India, Mumbai
Sir,
the universal Hr practice in probation period is applicable to both parties. If the employee can terminate the services without due notice or payment in lieu.Similarly, An employee under probation can leave without any advance notice. I am also aware of the other acts designed for probationers.
Secondly, I sent a proper resignation letter via email.
Thirdly, when we take leave, we inform and they revert. Whereas, resignation is a big step. Its not only the employee but the employer too has to be responsible.
Fourthly, as i mentioned i did have a word with one of the HR and she didn't say anything else to it. If she would have, then i would have happily agreed to it.
Lastly, In my resignation I had politely requested them to either relieve me or tell me what else can be done.
From India, Pune
the universal Hr practice in probation period is applicable to both parties. If the employee can terminate the services without due notice or payment in lieu.Similarly, An employee under probation can leave without any advance notice. I am also aware of the other acts designed for probationers.
Secondly, I sent a proper resignation letter via email.
Thirdly, when we take leave, we inform and they revert. Whereas, resignation is a big step. Its not only the employee but the employer too has to be responsible.
Fourthly, as i mentioned i did have a word with one of the HR and she didn't say anything else to it. If she would have, then i would have happily agreed to it.
Lastly, In my resignation I had politely requested them to either relieve me or tell me what else can be done.
From India, Pune
Hello Ritvikaj,
Can you pl elaborate this line you mentioned 'An employee under probation can leave without any advance notice'?
I am not sure where you got this GENERALIZED Rule about Probationers.
Also, what has been your designation/level in this Company?
And what is the size--in terms of employee strength--of this Company?
Rgds,
TS
From India, Hyderabad
Can you pl elaborate this line you mentioned 'An employee under probation can leave without any advance notice'?
I am not sure where you got this GENERALIZED Rule about Probationers.
Also, what has been your designation/level in this Company?
And what is the size--in terms of employee strength--of this Company?
Rgds,
TS
From India, Hyderabad
If employees appointed on time rated scale whether annual increment need to be given every year
From India, Mumbai
From India, Mumbai
Apart from what Mr. Taj Sateesh has said, whatever you have done is a unprofessional way of approach, why because you said that the HR is not co operative then what is the difference between your employer and you, when you have also done the same thing.
With regards to your query, the employer cannot take any legal action against you if you have no wrong doings/any possession of employer's material or any dues pending. The company at the most will not give you the experience/relieving letter. Lastly the BGV from this company will be very bad for you. If you have already made up your mind not to continue, send a letter stating the termination clause during probation and your liability towards the employer is NIL, send it through a registered post duly acknowledged. Wait for the reply for further step from your end.
From India, Ahmadabad
With regards to your query, the employer cannot take any legal action against you if you have no wrong doings/any possession of employer's material or any dues pending. The company at the most will not give you the experience/relieving letter. Lastly the BGV from this company will be very bad for you. If you have already made up your mind not to continue, send a letter stating the termination clause during probation and your liability towards the employer is NIL, send it through a registered post duly acknowledged. Wait for the reply for further step from your end.
From India, Ahmadabad
Your post is very interesting.
You have already given a set of statements of what you think is the reality
you are not asking whether it is the truth or correct. you are saying that this is what things are.
So what do you expect from this forum ? That everyone agrees with you ?
I am not clear what you need from the members here.
You have already stated that you can resign without notice. And that they have not responded to your resignation (actually they have - by sending you a notice).
So if the above is a fact, you can just reply to them stating these facts and that you are not liable to pay them anything.
From India, Mumbai
You have already given a set of statements of what you think is the reality
you are not asking whether it is the truth or correct. you are saying that this is what things are.
So what do you expect from this forum ? That everyone agrees with you ?
I am not clear what you need from the members here.
You have already stated that you can resign without notice. And that they have not responded to your resignation (actually they have - by sending you a notice).
So if the above is a fact, you can just reply to them stating these facts and that you are not liable to pay them anything.
From India, Mumbai
Though you left in probationary period you should serve notice period, failing which you should compensate by paying loss dues. failing which the company has rights to take legal action against you. So approach the company & politely request them to leave you. Dont be misguided as i handle similar kind of cases & sued employees.
Co., may have hi attrition rate. As you havent lodged any complaint while you working on which your allegations against co., is not accountable
From India, Chennai
Co., may have hi attrition rate. As you havent lodged any complaint while you working on which your allegations against co., is not accountable
From India, Chennai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Legal Clarification on Severance Dues & Probation Period.PDF
Dispciplinary Action.doc
CTC_SALARY_SLIP _FORM_(legal)(1 ).xls