Hi, I have received the appointment letter on official id but I have not signed it and I abandoned from company within 1 month after taking salary. The reason being I have to work extra hours till late night. I have ask them that I can't continue further and resigned.
Now as per FNF settlement, they are asking for money against 90 days notice period or else they will take legal action.
What should I do?
From India, Mumbai
1Now as per FNF settlement, they are asking for money against 90 days notice period or else they will take legal action.
What should I do?
From India, Mumbai
Dear Kumar,
After going through the processes of recruitment and appointment, one becomes the employee of the other based on their willingness to do so and mutual acceptance of the terms. Similarly, since it is only a contract between the employer and the employee, it can very well be terminated by any one of the parties to the contract any time during its subsistence. No provision of Law can compel either an unwilling employee to continue his services under the employer till the natural termination of the contract or the unwilling employer to keep the unwanted employee in his service till the end. However, such an act of exit can not be in violation of the terms and conditions contained in the contract of employment. When it is done so, legally the affected party can seek the fulfillment of the conditions stipulated by the other and sue for damages. This is the legal position of exit either at the instance of the employer or employee other than termination on disciplinary grounds.
Coming to your post, just because you have not signed the appointment either intentionally or just incidentally, you can't argue that you have never been appointed at all or not formally agreed to the conditions contained therein. You joined, worked for a month, received your salary for the month and stopped from going without any intimation or abandoned your job as you yourself have admitted.
Subsequently, you have informed your employer that since you have resigned your job. Therefore, yours is a case of resignation followed by unauthorised absence and not abandonment of service. For abandonment of service, the employer can dismiss the absconding employee on disciplinary ground after following the procedures which can very well affect your future employment. Since yours is a case of resignation may be oral, your employer can insist upon the terms of exit relating to resignation. Legally you are bound to fulfill the notice conditions for your voluntary exit.
From India, Salem
After going through the processes of recruitment and appointment, one becomes the employee of the other based on their willingness to do so and mutual acceptance of the terms. Similarly, since it is only a contract between the employer and the employee, it can very well be terminated by any one of the parties to the contract any time during its subsistence. No provision of Law can compel either an unwilling employee to continue his services under the employer till the natural termination of the contract or the unwilling employer to keep the unwanted employee in his service till the end. However, such an act of exit can not be in violation of the terms and conditions contained in the contract of employment. When it is done so, legally the affected party can seek the fulfillment of the conditions stipulated by the other and sue for damages. This is the legal position of exit either at the instance of the employer or employee other than termination on disciplinary grounds.
Coming to your post, just because you have not signed the appointment either intentionally or just incidentally, you can't argue that you have never been appointed at all or not formally agreed to the conditions contained therein. You joined, worked for a month, received your salary for the month and stopped from going without any intimation or abandoned your job as you yourself have admitted.
Subsequently, you have informed your employer that since you have resigned your job. Therefore, yours is a case of resignation followed by unauthorised absence and not abandonment of service. For abandonment of service, the employer can dismiss the absconding employee on disciplinary ground after following the procedures which can very well affect your future employment. Since yours is a case of resignation may be oral, your employer can insist upon the terms of exit relating to resignation. Legally you are bound to fulfill the notice conditions for your voluntary exit.
From India, Salem
Dear Kumar,
As per Indian Contract Act, 1872, appointment letter is contract letter between two parties. However, contract becomes legally enforceable when the other party acknowledges receipt of it. Therefore, on receipt of the mail containing the appointment letter, did you acknowledge it? If yes, then the contract is legally enforceable. Nevertheless, you may validate my proposition from the lawyer who handles cases on the contract act.
Your major defence is that you have just received email containing the appointment letter and not the hard copy of it. Since you did not sign the duplicate copy of the appointment letter, the terms mentioned in the appointment letter are not legally enforceable. Out of this assumption, you quit the employment. However, you did not create conditions that are conducive for your resignation. Therefore, your exit appears to be out of caprice.
You had a chance to raise objection for forcing you to work extra. Making you to work beyond nine hours per day is illegal. Therefore, on this count why you did not put application for restoring your working hours only for eight hours. If your company had refused to oblige you, it could have become ground for the resignation. Also you would have deprived your company to raise any objection against your resignation.
Anyway, this is afterthought. Now we cannot assess in what direction the things will go. Therefore, let us wait and watch.
Thanks,
Dinesh Divekar
From India, Bangalore
As per Indian Contract Act, 1872, appointment letter is contract letter between two parties. However, contract becomes legally enforceable when the other party acknowledges receipt of it. Therefore, on receipt of the mail containing the appointment letter, did you acknowledge it? If yes, then the contract is legally enforceable. Nevertheless, you may validate my proposition from the lawyer who handles cases on the contract act.
Your major defence is that you have just received email containing the appointment letter and not the hard copy of it. Since you did not sign the duplicate copy of the appointment letter, the terms mentioned in the appointment letter are not legally enforceable. Out of this assumption, you quit the employment. However, you did not create conditions that are conducive for your resignation. Therefore, your exit appears to be out of caprice.
You had a chance to raise objection for forcing you to work extra. Making you to work beyond nine hours per day is illegal. Therefore, on this count why you did not put application for restoring your working hours only for eight hours. If your company had refused to oblige you, it could have become ground for the resignation. Also you would have deprived your company to raise any objection against your resignation.
Anyway, this is afterthought. Now we cannot assess in what direction the things will go. Therefore, let us wait and watch.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Kumar,
It has no meaning whether you signed or not signed in the appointment letter as an acceptance. But your joining in the post and received salary thereunder is equivalent to Acceptance of the Terms & Condition assigned in your appointment letter.
It is suggested to comply the terms of your appointment, or at best discuss with your employer for a mutual settlement. In absence, your employer can take the matter to court of law and you will have to cough the notice amount, mental trauma, legal expenses and other sufferings. It is wise on your part to take a suitable decission.
From India, Mumbai
It has no meaning whether you signed or not signed in the appointment letter as an acceptance. But your joining in the post and received salary thereunder is equivalent to Acceptance of the Terms & Condition assigned in your appointment letter.
It is suggested to comply the terms of your appointment, or at best discuss with your employer for a mutual settlement. In absence, your employer can take the matter to court of law and you will have to cough the notice amount, mental trauma, legal expenses and other sufferings. It is wise on your part to take a suitable decission.
From India, Mumbai
Dear Prabhat,
The first paragraph of your post reads "It has no meaning whether you signed or not signed in the appointment letter as an acceptance. But your joining in the post and received salary thereunder is equivalent to Acceptance of the Terms & Condition assigned in your appointment letter."
Your statement is not consistent with Indian Contract Act, 1872. Joining some organisation, cannot imply the total acceptance of the terms and conditions of the employment. Terms and conditions of employment must be communicated on the first day of joining and organisation should have copy of the acceptance. Mere communication without acknowledgement from other party is invalid contract under the provisions of the contract act.
Thanks,
Dinesh Divekar
From India, Bangalore
The first paragraph of your post reads "It has no meaning whether you signed or not signed in the appointment letter as an acceptance. But your joining in the post and received salary thereunder is equivalent to Acceptance of the Terms & Condition assigned in your appointment letter."
Your statement is not consistent with Indian Contract Act, 1872. Joining some organisation, cannot imply the total acceptance of the terms and conditions of the employment. Terms and conditions of employment must be communicated on the first day of joining and organisation should have copy of the acceptance. Mere communication without acknowledgement from other party is invalid contract under the provisions of the contract act.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Kumar,
The question of signing and un-signing never arise in your case, yet, do not you feel violating moral ethics of employment?
let the employer forced you to work within a month how do you have calculated and presumed you worked more? Redo your homework, and give proper resignation even for a day you should adapt to the ethics of work and employment. Never do it in future career.
best of luck..
From India, Arcot
The question of signing and un-signing never arise in your case, yet, do not you feel violating moral ethics of employment?
let the employer forced you to work within a month how do you have calculated and presumed you worked more? Redo your homework, and give proper resignation even for a day you should adapt to the ethics of work and employment. Never do it in future career.
best of luck..
From India, Arcot
Dear Dinesh,
In Maharastra The Employment(Standing Order) Act is applicable, not The Indian contract Act,
He joined duty means he accepted the appointment letter this is enough for both of them.
it is advisable him to approach Employer and amicably settle the issue.
From India, Mumbai
In Maharastra The Employment(Standing Order) Act is applicable, not The Indian contract Act,
He joined duty means he accepted the appointment letter this is enough for both of them.
it is advisable him to approach Employer and amicably settle the issue.
From India, Mumbai
Dear Mr Shrikant Bhalekar,
Indian Contract Act, 1872 is on and above the Industrial Standing Orders Act. Lawyers have handled the labour cases under the provisions of this act and won them too.
Secondly, I have clarified about the assumption under which the Kumar has quit the employment in my first reply (Post Sl No 3). In fact the entire post is about mistakes committed by the poster.
Thanks,
Dinesh Divekar
From India, Bangalore
Indian Contract Act, 1872 is on and above the Industrial Standing Orders Act. Lawyers have handled the labour cases under the provisions of this act and won them too.
Secondly, I have clarified about the assumption under which the Kumar has quit the employment in my first reply (Post Sl No 3). In fact the entire post is about mistakes committed by the poster.
Thanks,
Dinesh Divekar
From India, Bangalore
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