Hi, I received an offer letter but have not received any Appointment Letter from the employer even after 2 months of joining. I was also denied some of the benefits that were promised to be included in the appointment letter. After 2 months, I discontinued working at the office, but I stayed connected with my manager and colleagues. Then, after 2 weeks, I received an absconding mail from HR. What should I do?
From India, Nainital
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From India, Nainital
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Dear Srivatsav,
Though you were not given an appointment order in writing, your joining pursuant to the offer and serving for about two months in the organization indicate the facts of your acceptance of the offer and commencement of the contract of employment. Termination of the contract from your side for any reason as alleged by you could be as per the terms and conditions mentioned in the offer only. Even the consequences of non-compliance with certain agreed or assured conditions would also be impliedly included in the offer. But there is no mention in your post about the contents of the offer. Yet, in my view, your wanton abscondence cannot be a proper one.
Better try to do some patch up and avoid termination of your service on the grounds of the misconduct of abandonment of employment, which would have a long-lasting adverse impact on your future employment elsewhere.
From India, Salem
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6185Though you were not given an appointment order in writing, your joining pursuant to the offer and serving for about two months in the organization indicate the facts of your acceptance of the offer and commencement of the contract of employment. Termination of the contract from your side for any reason as alleged by you could be as per the terms and conditions mentioned in the offer only. Even the consequences of non-compliance with certain agreed or assured conditions would also be impliedly included in the offer. But there is no mention in your post about the contents of the offer. Yet, in my view, your wanton abscondence cannot be a proper one.
Better try to do some patch up and avoid termination of your service on the grounds of the misconduct of abandonment of employment, which would have a long-lasting adverse impact on your future employment elsewhere.
From India, Salem
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Dear Umakantan Sir,
Here are the terms stated in the offer letter:
1. Employment will be confirmed subject to document verification of the documents provided.
2. The appointment letter will be issued to you within one month of accepting the offer letter.
3. The notice period will be 60 days.
Initially, I rejected the offer, but after some negotiations, I joined one month after the specified joining date in the offer letter (the offer letter stated the joining date as October 8, 2018, but I joined on November 1, 2018).
Where do I stand?
From India, Nainital
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Here are the terms stated in the offer letter:
1. Employment will be confirmed subject to document verification of the documents provided.
2. The appointment letter will be issued to you within one month of accepting the offer letter.
3. The notice period will be 60 days.
Initially, I rejected the offer, but after some negotiations, I joined one month after the specified joining date in the offer letter (the offer letter stated the joining date as October 8, 2018, but I joined on November 1, 2018).
Where do I stand?
From India, Nainital
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Dear Srivatsav,
You have not mentioned what transpired between the management and yourself in the negotiation based on which you joined the organization or whether the offer was modified officially as a result of such negotiation. Thus, your decision to abscond was prompted by two reasons - one is that you were not served with the appointment orders even after two months of your joining and the other is that you were not given the benefits as promised.
When the employer fails to implement certain clauses as renegotiated even after a lapse of reasonable time, you could have unilaterally terminated the contract of employment by simply resigning. Therefore, it is not clear to me why you chose to abscond instead of resigning and maintained your contact with the manager. Perhaps, you might have an inherent liking for the job or the organization but for the non-issuance of the appointment orders and the non-implementation of certain benefits you desired and the management agreed in the later negotiation. So, can I presume that you staged an abscondence drama just to bring the management to terms?
Legally speaking, you became the employee of the organization even in the absence of an appointment order and served for about two months. Had you felt that the non-compliance of appointment orders and benefits issues are a violation of the employment contract by the employer, you could have submitted your immediate resignation even without notice as an indication of your protest. Else, you could have resigned complying with the notice condition.
Now, by absconding as you admitted, you have subjected yourself to disciplinary proceedings for the misconduct of abandonment of services which may even end in your dismissal and to avert this, the employer can insist on serving the notice period or payment in lieu of notice.
If you are particular about the future of your career as a paid employee, decide accordingly.
From India, Salem
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You have not mentioned what transpired between the management and yourself in the negotiation based on which you joined the organization or whether the offer was modified officially as a result of such negotiation. Thus, your decision to abscond was prompted by two reasons - one is that you were not served with the appointment orders even after two months of your joining and the other is that you were not given the benefits as promised.
When the employer fails to implement certain clauses as renegotiated even after a lapse of reasonable time, you could have unilaterally terminated the contract of employment by simply resigning. Therefore, it is not clear to me why you chose to abscond instead of resigning and maintained your contact with the manager. Perhaps, you might have an inherent liking for the job or the organization but for the non-issuance of the appointment orders and the non-implementation of certain benefits you desired and the management agreed in the later negotiation. So, can I presume that you staged an abscondence drama just to bring the management to terms?
Legally speaking, you became the employee of the organization even in the absence of an appointment order and served for about two months. Had you felt that the non-compliance of appointment orders and benefits issues are a violation of the employment contract by the employer, you could have submitted your immediate resignation even without notice as an indication of your protest. Else, you could have resigned complying with the notice condition.
Now, by absconding as you admitted, you have subjected yourself to disciplinary proceedings for the misconduct of abandonment of services which may even end in your dismissal and to avert this, the employer can insist on serving the notice period or payment in lieu of notice.
If you are particular about the future of your career as a paid employee, decide accordingly.
From India, Salem
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Dear Sir,
I was promised over the phone by HR, and she said that it would be mentioned in the appointment letter, but I have never received any revised or renegotiated offer letter. The terms offered were as follows:
1. The variable part of the emolument will be fixed.
2. A certain amount of reimbursements (670 Pm.) which was later reduced to 150 pm.
Since I didn't have any other opportunity in hand, I couldn't think of resigning. I was assured by the Director to comply with the appointment letter and those terms on the mail; later, they did nothing.
Sir!
Now I don't want to continue there, and I have already forwarded my resignation yesterday. How should I proceed further??
From India, Nainital
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I was promised over the phone by HR, and she said that it would be mentioned in the appointment letter, but I have never received any revised or renegotiated offer letter. The terms offered were as follows:
1. The variable part of the emolument will be fixed.
2. A certain amount of reimbursements (670 Pm.) which was later reduced to 150 pm.
Since I didn't have any other opportunity in hand, I couldn't think of resigning. I was assured by the Director to comply with the appointment letter and those terms on the mail; later, they did nothing.
Sir!
Now I don't want to continue there, and I have already forwarded my resignation yesterday. How should I proceed further??
From India, Nainital
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Dear Srivatsav,
The value system in the realm of employment has deteriorated nowadays to the extent that whenever people, whether the employer or the employees, are in a legally advantageous position, they simply forget their ethical commitments. Every prospective employee should be more vigilant in accepting any employment offer and should not be easily carried away by the oral acceptance of any counter-offer proposed to them.
Regarding your situation, I hope that the management does not reject your resignation based on your alleged job abandonment. Therefore, in the interest of your peaceful departure from the current organization and your future employability, I suggest that if necessary, you may consider paying the notice amount to facilitate a smooth and peaceful exit.
Kind regards, [Your Name]
From India, Salem
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The value system in the realm of employment has deteriorated nowadays to the extent that whenever people, whether the employer or the employees, are in a legally advantageous position, they simply forget their ethical commitments. Every prospective employee should be more vigilant in accepting any employment offer and should not be easily carried away by the oral acceptance of any counter-offer proposed to them.
Regarding your situation, I hope that the management does not reject your resignation based on your alleged job abandonment. Therefore, in the interest of your peaceful departure from the current organization and your future employability, I suggest that if necessary, you may consider paying the notice amount to facilitate a smooth and peaceful exit.
Kind regards, [Your Name]
From India, Salem
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