Hi,
An employee absconded from an IT firm just after documentation, informed HR that he wouldn't be able to continue joining due to some reasons. Received multiple show-cause notices for absenteeism, and the employee replied with an email to HR stating that he had already informed HR about not joining the company. After 6 months, the employee received a termination letter. After the date of the termination letter, 2 months later, the company has sent settle dues of a 5-digit amount and is threatening to file a legal case.
What should the employee do in this scenario?
Note:
- Employee didn't even collect his ID card.
- Informed HR about not continuing to join the company.
- Didn't receive any salary/PF or any monetary benefits.
Thank you.
From India
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1An employee absconded from an IT firm just after documentation, informed HR that he wouldn't be able to continue joining due to some reasons. Received multiple show-cause notices for absenteeism, and the employee replied with an email to HR stating that he had already informed HR about not joining the company. After 6 months, the employee received a termination letter. After the date of the termination letter, 2 months later, the company has sent settle dues of a 5-digit amount and is threatening to file a legal case.
What should the employee do in this scenario?
Note:
- Employee didn't even collect his ID card.
- Informed HR about not continuing to join the company.
- Didn't receive any salary/PF or any monetary benefits.
Thank you.
From India
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Hi, As part of disciplinary proceedings, to close the file, HR might have served those letters. Even if the employee signed a service agreement/bond/training agreement, there will not be any legality as he was not part of the company, not even for one day. However, if any security checks were issued, they need to be handled carefully.
From India, Madras
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From India, Madras
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Thanks V.M.Lakshminarayanan, can u please explain about security cheques? is is about the blank cheques?
From India
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From India
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Hi,
As part of a service agreement or training agreement, companies often collect undated security cheques, signed in favor of the company, with a condition to deposit the cheque in the bank in case of a violation of the terms and conditions by the employee before the completion of the bond period. If such cheques are deposited and then bounce, companies can file a criminal case for cheque bounce, which needs to be handled carefully. However, even if the cheque is submitted, I don't think the employer will deposit it since there was no service period involved, and the employee left immediately after joining.
From India, Madras
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As part of a service agreement or training agreement, companies often collect undated security cheques, signed in favor of the company, with a condition to deposit the cheque in the bank in case of a violation of the terms and conditions by the employee before the completion of the bond period. If such cheques are deposited and then bounce, companies can file a criminal case for cheque bounce, which needs to be handled carefully. However, even if the cheque is submitted, I don't think the employer will deposit it since there was no service period involved, and the employee left immediately after joining.
From India, Madras
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When the appointee has not joined the organization at all, how can the employer assume disciplinary control over him and issue termination orders?
It would be better if the poster simply ignores the legal notice or sends a suitable reply setting forth that the organization has no locus standi to issue such a notice.
From India, Salem
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It would be better if the poster simply ignores the legal notice or sends a suitable reply setting forth that the organization has no locus standi to issue such a notice.
From India, Salem
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Settlement of dues of decesased employee.pdf
FW Full and final settlement of all my dues including salary leave encashment Gratuity PF .zip