To all my seniors Below is my case,
I joined a X Company, i accepted there offer letter through mail. I stayed in that company for around 1 week and 3 days. Within these days :
Now after 3 months I get a mail from HR Regarding Recovery Notice(Not a hard copy). Where they put a huge amount on me to be recovered, On paying it I will get the Relieving Letter. They didn't mentioned any
So Below are my concerns:
Please Suggest me what should i do now, I had not replied to the mail
From India, Bangalore
I joined a X Company, i accepted there offer letter through mail. I stayed in that company for around 1 week and 3 days. Within these days :
- On joining Date I filled all employee information and PF transfer and a company insurance.
- I didn't signed the hard copy of the offer letter.
- In Offer letter there was no clause about the Notice Period. It mentioned only the CTC and Date of joining.
- I didn't signed any appointment letter or Company Rules or Policies for employee.
- My employee Id was under process. So, i was provided a temporary ID on Daily Basis for access.
- Then I inquired about my NP, which they mentioned 1 month for Probation Period and 3 months on getting Permanent that also Verbally.
- Then I got good offer and I put resignation. On resignation, HR department said i have to serve the 1 month Notice period, Which I refused. On my Refusal they threaten me by Blacklisting me in NASSCOM and putting an absconding Case.Which I taken Lightly and left the company by completing all the termination procedure.Such as filling Exit Form and Clearance Form and taking all department heads signature.
Now after 3 months I get a mail from HR Regarding Recovery Notice(Not a hard copy). Where they put a huge amount on me to be recovered, On paying it I will get the Relieving Letter. They didn't mentioned any
So Below are my concerns:
- I Dont want the Relieving, Since it no Use for me, i dont want to show that to any body.
- What if i Don't pays the amount?
- What I should Do Now. Since i don't Expect from HR Department for any help Which threaten me by Blacklisting and putting an absconding Case on Me.
- I am concerned more with My future employment, in case I don't pays the amount. And they Blacklisted me or put an absconding case.
- Since only, power I have is that I didn't signed the contract with the Company
Please Suggest me what should i do now, I had not replied to the mail
From India, Bangalore
Dear Deb,
Greetings!!!
People like you are becoming ubiquitous on Cite Hr. Not Sure, still joined; wanted to leave but will not follow due process. There is always a better offer awaiting, just think once, how many companies can you leave like that!!
You have no escape except talking to the concerned HR, pleading with them and getting HR department agree to a sum which you can afford. They can potentially do a lot of things, blacklisting, absconding case, loss due to disappearance, negative background verification etc.
From India, Delhi
107Greetings!!!
People like you are becoming ubiquitous on Cite Hr. Not Sure, still joined; wanted to leave but will not follow due process. There is always a better offer awaiting, just think once, how many companies can you leave like that!!
You have no escape except talking to the concerned HR, pleading with them and getting HR department agree to a sum which you can afford. They can potentially do a lot of things, blacklisting, absconding case, loss due to disappearance, negative background verification etc.
From India, Delhi
Hello Deb,
From HR point of view or if you want to see from your point of you. whatever you did was not acceptable in any corporate. At the time when you got new offer which was good for your carrier growth then it happens. that time if you had a word with the authority in a calm manner and if you requested nicely, then it could be solved. you have your point might be you had not much time to give any notice period that is why you left co. like that. but obviously there has been some responsibilities that person is also playing in his profile and now he came back on your head. But HR should also have a mutual understanding with the employees and any kind of action if he wanted to take then that was the time not now when person is already moved on in his carrier and now you just want to pissed somebody's life because of your rules and values. what HR will get if you'll be black listed, or something like that. Nothing. even after few years when HR will remember this incidence he'll regret his decision.
So my advice is now that you just check out all the documentation which you have. if anything is mentioned there on which you have signed then you'll be guilty. Otherwise you don't need any verification check out details from there side in future as you are not mentioning that scene in your carrier path. so obviously relieving letter is also not required. let them take any action which can not be applicable then put the case on them with the proof of your documentation in which you didn't sing any paper where noticed period is mentioned, Not ever you got any original ID or something like that from co. side. yes you can revert on the same email very calmly that you properly filled the F&F form. and took sign from all dept. and there was not any mentioned point of noticed period. and if you have any signed copy from my side on that then send me a copy of that.
From India, Gurgaon
From HR point of view or if you want to see from your point of you. whatever you did was not acceptable in any corporate. At the time when you got new offer which was good for your carrier growth then it happens. that time if you had a word with the authority in a calm manner and if you requested nicely, then it could be solved. you have your point might be you had not much time to give any notice period that is why you left co. like that. but obviously there has been some responsibilities that person is also playing in his profile and now he came back on your head. But HR should also have a mutual understanding with the employees and any kind of action if he wanted to take then that was the time not now when person is already moved on in his carrier and now you just want to pissed somebody's life because of your rules and values. what HR will get if you'll be black listed, or something like that. Nothing. even after few years when HR will remember this incidence he'll regret his decision.
So my advice is now that you just check out all the documentation which you have. if anything is mentioned there on which you have signed then you'll be guilty. Otherwise you don't need any verification check out details from there side in future as you are not mentioning that scene in your carrier path. so obviously relieving letter is also not required. let them take any action which can not be applicable then put the case on them with the proof of your documentation in which you didn't sing any paper where noticed period is mentioned, Not ever you got any original ID or something like that from co. side. yes you can revert on the same email very calmly that you properly filled the F&F form. and took sign from all dept. and there was not any mentioned point of noticed period. and if you have any signed copy from my side on that then send me a copy of that.
From India, Gurgaon
Dear Deb,
You have given long post yet one important point is missing. Did the company give you Appointment Letter? You have written that you did not sign the appointment letter. Does it mean the company just issued it without taking any signature? Did the company issue you the soft copy of the appointment letter? If company wishes to initiate legal proceedings then they should be in position to prove in the court that you have received soft copy of the letter of appointment. This is not that easy.
If the company has not issued letter of appointment mentioning the terms and conditions of employment then notice from their side carries no meaning. Did you receive the recovery notice through e-mail?
If after ten days you have left the company then nothing is going to matter. Unless company has sufficient evidence of the terms and conditions of employment, they cannot sue you. About NASSCOM, I do not know much but then I doubt whether they have any blacklist as such. Better give a call and ask them. Do not reveal your real identity. Tell them that you are from HR and one of the employees from your company is absconding and you wanted to blacklist him.
You have written that "Which I taken Lightly and left the company by completing all the termination procedure.Such as filling Exit Form and Clearance Form and taking all department heads signature". Hope you have kept with you photocopy of this exit form and clearance form.
For Shantanu and Atul: - You have written long post not doubt but then you have jumped gun in favour of one party. In the case above, both, employer and employee are at fault. Therefore, you cannot take side of either pot or kettle. It appears that both are equally black. Why even after 10 days of employee's stay, HR did not issue him appointment letter? Do we have replies to these questions? Under the provisions of Karnataka Shops and Establishment Rules, 1963, appointment order must be issued on the day employee joins the company.
Ok...
Dinesh V Divekar
From India, Bangalore
You have given long post yet one important point is missing. Did the company give you Appointment Letter? You have written that you did not sign the appointment letter. Does it mean the company just issued it without taking any signature? Did the company issue you the soft copy of the appointment letter? If company wishes to initiate legal proceedings then they should be in position to prove in the court that you have received soft copy of the letter of appointment. This is not that easy.
If the company has not issued letter of appointment mentioning the terms and conditions of employment then notice from their side carries no meaning. Did you receive the recovery notice through e-mail?
If after ten days you have left the company then nothing is going to matter. Unless company has sufficient evidence of the terms and conditions of employment, they cannot sue you. About NASSCOM, I do not know much but then I doubt whether they have any blacklist as such. Better give a call and ask them. Do not reveal your real identity. Tell them that you are from HR and one of the employees from your company is absconding and you wanted to blacklist him.
You have written that "Which I taken Lightly and left the company by completing all the termination procedure.Such as filling Exit Form and Clearance Form and taking all department heads signature". Hope you have kept with you photocopy of this exit form and clearance form.
For Shantanu and Atul: - You have written long post not doubt but then you have jumped gun in favour of one party. In the case above, both, employer and employee are at fault. Therefore, you cannot take side of either pot or kettle. It appears that both are equally black. Why even after 10 days of employee's stay, HR did not issue him appointment letter? Do we have replies to these questions? Under the provisions of Karnataka Shops and Establishment Rules, 1963, appointment order must be issued on the day employee joins the company.
Ok...
Dinesh V Divekar
From India, Bangalore
Dear Sir (Mr. Divekar) ,
It's not about jumping gun in favor of one party but about the fact that that who is more right or less wrong !!
Appointment letter/ no employment letter, a relationship of contract was created b/w Deb and company as he accepted soft copy of letter/ accepted company insurance and PF transfer/ accepted temp id; enough to prove that he was indeed an employee. Moreover, HR asked only for 1month of notice period which can not be termed excessive by any count. In my opinion, thus, Deb missed the larger aspect of following terms of job contract.
I also suspect that he completed exit formalities because in that case he would not have been put on absconding case. How can you put somebody as absconder, if exit formalities are completed?
As far as, NASSCOM blacklist is concerned, it's there. It's not a blacklist actually but a database where companies update the records of their employees. This database is used by various BPOs and IT companies for assessment and background verification. A negative marking in update is colloquially called blacklisting.
From India, Delhi
It's not about jumping gun in favor of one party but about the fact that that who is more right or less wrong !!
Appointment letter/ no employment letter, a relationship of contract was created b/w Deb and company as he accepted soft copy of letter/ accepted company insurance and PF transfer/ accepted temp id; enough to prove that he was indeed an employee. Moreover, HR asked only for 1month of notice period which can not be termed excessive by any count. In my opinion, thus, Deb missed the larger aspect of following terms of job contract.
I also suspect that he completed exit formalities because in that case he would not have been put on absconding case. How can you put somebody as absconder, if exit formalities are completed?
As far as, NASSCOM blacklist is concerned, it's there. It's not a blacklist actually but a database where companies update the records of their employees. This database is used by various BPOs and IT companies for assessment and background verification. A negative marking in update is colloquially called blacklisting.
From India, Delhi
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GST ON RECOVERY OF UNSERVICED NOTICE PERIOD.docx
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