Hello,
Recently I've joined an IT company (in May 2015). At the time of my joining, my company provided me a joining letter on the company's letterhead. It contained all terms and norms, including my job responsibilities. In that letter, it is mentioned that I cannot leave this job till the next 15 months, and if I break the contract, I need to pay 1.5L to the company. With this information, the company asked me to submit a post-dated cheque (the cheque date is Nov 2016). I submitted that cheque to the company.
The company provided me a copy of the joining letter and took my receipt (with signature) on another joining letter copy. In that joining letter, my probation period was 3 months.
After a month of joining, I'm feeling a big trouble with the work environment and the daily changing company policies. 2 Days ago, my HR asked me to submit my original educational degree and mark sheets to the company, and that is something I surely do not wish to do.
As my joining time is just a month in this company, it seems very difficult to stay in this company for the next 1.2 years. Presently, I have 2 job offers for the same post. Kindly suggest a way that I can leave this company.
Can I leave this company during my probation period? In my joining letter, it is only mentioned that the company can terminate me without any notice. Can I leave with or without notice? Also, can the company take any legal action if I stop my post-dated cheque or close my account in that particular bank?
I received all the details on the company letterhead titled as "Employment Agreement." I did not sign any legal bond paper with the company.
From India, Kanpur
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Recently I've joined an IT company (in May 2015). At the time of my joining, my company provided me a joining letter on the company's letterhead. It contained all terms and norms, including my job responsibilities. In that letter, it is mentioned that I cannot leave this job till the next 15 months, and if I break the contract, I need to pay 1.5L to the company. With this information, the company asked me to submit a post-dated cheque (the cheque date is Nov 2016). I submitted that cheque to the company.
The company provided me a copy of the joining letter and took my receipt (with signature) on another joining letter copy. In that joining letter, my probation period was 3 months.
After a month of joining, I'm feeling a big trouble with the work environment and the daily changing company policies. 2 Days ago, my HR asked me to submit my original educational degree and mark sheets to the company, and that is something I surely do not wish to do.
As my joining time is just a month in this company, it seems very difficult to stay in this company for the next 1.2 years. Presently, I have 2 job offers for the same post. Kindly suggest a way that I can leave this company.
Can I leave this company during my probation period? In my joining letter, it is only mentioned that the company can terminate me without any notice. Can I leave with or without notice? Also, can the company take any legal action if I stop my post-dated cheque or close my account in that particular bank?
I received all the details on the company letterhead titled as "Employment Agreement." I did not sign any legal bond paper with the company.
From India, Kanpur
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Company cannot take any action against you. Accept the best offer which you have in hand and issue a stop cheque payment instruction to the bank for the concerned cheque number.
Even though a company demanded a post-dated check from me, I did not provide it, nor did I accept the offer.
From India, Madras
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125Even though a company demanded a post-dated check from me, I did not provide it, nor did I accept the offer.
From India, Madras
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Bond has to be executed on stamp paper of appropriate value. Despite such execution, the employer can sue to recover a reasonable amount of damages under Sections 73 and 74 of the Contract Act appropriate to the expenditure incurred upon you on imparting training, etc. Since nothing of this sort happened in your case, no damages are recoverable from you even if you leave without notice period during probation. For arguments, you can take the plea that under the Shops and Establishment Act, no amount as sought by the employer can be recovered by him. Please see threads on the recovery of the bond amount.
Thanks,
Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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Joining Letter..doc