I have worked in a new startup firm as a sales trainee. I have worked there for 4 days only. I was in my Probation period. Now I want to resign from there due to certain personal problems. I had no bond there. I have sent an email to HR regarding my resignation. They have forwarded me a mail regarding my final settlement amount. I had sent back all their company properties which were with me. I have only signed my offer letter at the time of joining. Can the company take any legal action against me? Please guide me on this issue.
From India, Malappuram
From India, Malappuram
Dear member,
Please check once again whether you have received an "Offer Letter" or an "Appointment Letter". The former is issued before the candidate joins and the latter is issued once the candidate joins. Whatever letter you have received, check the terms and conditions of employment in general and the separation clause in particular.
Thanks,
Dinesh Divekar
From India, Bangalore
7884Please check once again whether you have received an "Offer Letter" or an "Appointment Letter". The former is issued before the candidate joins and the latter is issued once the candidate joins. Whatever letter you have received, check the terms and conditions of employment in general and the separation clause in particular.
Thanks,
Dinesh Divekar
From India, Bangalore
@Dinesh Divekar
Thank You, sir. I have got an appointment letter. The separation clause mentions that I have to submit 7 days notice period as I am in the probation period, which I have already submitted. If I resign during my probation period, the company clause mentions that they will retain my one-month salary. Now they have sent me the list of a final settlement to them. So can they take any legal action against me in this regard if I fail to pay the settlement amount they mentioned?
From India, Malappuram
Thank You, sir. I have got an appointment letter. The separation clause mentions that I have to submit 7 days notice period as I am in the probation period, which I have already submitted. If I resign during my probation period, the company clause mentions that they will retain my one-month salary. Now they have sent me the list of a final settlement to them. So can they take any legal action against me in this regard if I fail to pay the settlement amount they mentioned?
From India, Malappuram
Dear member,
You say that you have just worked for four days in the company. After submitting the resignation, the company has sent a list of the final settlements. What does this list contain? You say that you have returned to the company the assets allocated to you. They are going to retain your salary also. Then what is the liability from your side? Please confirm.
Thanks,
Dinesh Divekar
From India, Bangalore
You say that you have just worked for four days in the company. After submitting the resignation, the company has sent a list of the final settlements. What does this list contain? You say that you have returned to the company the assets allocated to you. They are going to retain your salary also. Then what is the liability from your side? Please confirm.
Thanks,
Dinesh Divekar
From India, Bangalore
@Dinesh Divekar
Dear Sir, the settlement list contains the amount which I should pay them as I am leaving the job during my probation period. It is the amount left over after deducting my salary for the four days which I had Worked.
From India, Malappuram
Dear Sir, the settlement list contains the amount which I should pay them as I am leaving the job during my probation period. It is the amount left over after deducting my salary for the four days which I had Worked.
From India, Malappuram
Dear member,
I wish I had asked you to type the verbatim of the final settlement letter that your company has given you. It appears that the company has inserted two clauses for separation. One is on the notice period, which is seven days and another is the payment of a 1-month salary if the resignation is during the probation period. Please confirm whether my understanding is correct.
If my understanding is correct, then let me say that the company cannot have any clause over and above the notice period. The separating employee has to serve the notice period or pay the salary in lieu of the underserved period. The company cannot have both.
Nevertheless, I recommend you type the verbatim of the letter in your next post. This will help in understanding whether or not my interpretation is correct.
Thanks,
Dinesh Divekar
From India, Bangalore
I wish I had asked you to type the verbatim of the final settlement letter that your company has given you. It appears that the company has inserted two clauses for separation. One is on the notice period, which is seven days and another is the payment of a 1-month salary if the resignation is during the probation period. Please confirm whether my understanding is correct.
If my understanding is correct, then let me say that the company cannot have any clause over and above the notice period. The separating employee has to serve the notice period or pay the salary in lieu of the underserved period. The company cannot have both.
Nevertheless, I recommend you type the verbatim of the letter in your next post. This will help in understanding whether or not my interpretation is correct.
Thanks,
Dinesh Divekar
From India, Bangalore
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Resign.txt
Right to Resign & Notice period-SCOrder (CA No.7822-2011).p df