Hi, i have joined a software company and its been 4 months and am still in probation period. Now i would like to quit the job as i didn't like my current company and the work here. Also i for a new offer. I have put the resignation, but then the Hr mentioned about the notice period as 2 months which is no where mentioned in probation policy. But i need to join my new company in one next week. So i have mentioned a reason of personal problem and requested them to relive me soon. But not accepting my request. So decided to abscond as it is only 4 months period. But i have company laptop with me. So i told them that i can't come to office because of personal problems and tried to submit the laptop. But they're not accepting... And they mentioned you take and go, and they will file an FIR on me... Or else if I leave it at office, they don't know about that and will again be same for now submitting. No one is helping me here. Is there any law or an option that i have.. please help me. Thanks, Ram
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What were the terms of your appointment letter ?
2) if your appointment letter mentions 2 month notice you have to serve the notice period
3) if your appointment letter is silent then you don’t have to serve notice period
4) if you take the laptop case would be filed against you under section 406 of IPC for criminal breach of trust
5) inform your new employer that you will not be able to join immediately. Serve notice period as per appointment letter
Firstly, join your other company soon.
Secondly, give them a mail that you want to give that laptop to them please accept.
Thirdly, then see their response and save that.
Fourthly, go and file a police complain against that HR who is threatening you and give that mails as an evidence because they can cut your salary but can't threaten you.
If there is no stipulation as regards to notice period in your employment agreement, you are not mandated to serve the same.
The company is blackmailing you, so that they somehow retain you this is illegal. Record this blackmailing threat in an audio or video.
You are free to leave after delivering the co, laptop to the co. You could send the same by means of a courier or logistic agent. Or, you can yourself deliver it to the co. Record the whole thing in your mobile.
Keep everything in written with you, send an email stating what all has happened and that you intend to return the laptop, and ask a suitable time to return. So that onus is in the company, if they file fir for theft, you can always give the laptop back.
1. In most such cases parties are bound by terms of agreement called job contract or offer letter. i am sure you are not exception either.
2. if thee is a time limit for job as well notice period beofre quitting then both of you must adhere to it.
3.if any of you as in this case you are breaching the terms then you may be penalised for damages as mentioned in the agreement.
4. However still you quit the job without complying with the terms of damages then it gives rise of civil wrong for which the aggrieved party can file civil suit.
5.SInce such suit is both time taking and not so cost effective it hardly resorted to.
6. So in case of your unilaterla leaving of jo you may loose getting releiving letter apaprt form which no more damages is ecpted.
It is general practice that one has to complete the probation period.
Generally every company incorporates the class in their agreement that a month or two prior notice has to be given by the aggrieved party or either one has to be compensated as per the agreement. ( two or three months salary)
As per your versions nothing such has been mentioned in the agreement.
Unless one go through your appointment letter it is hard to come to the conclusion.
Coming to the resignation point have you sent it via email (as you said having personal problem) or personally approached HR, if so have you obtained the acknowledgement for the same for acceptance / nonacceptance.
For instance, if your version is true i.e., no notice period is mentioned in the agreement and not accepting the Laptop/ Resignation, you should file a complaint at the local PS stating all the facts and give a complaint to the grievances officer. (Generally every company has a grievance cell) Don't forget to obtain the Acknowledgement
Even though you're not get justice you can approach the Labor court, industrial tribunal or state/central Administration tribunal under which your company has been established.
Good Luck / All the Best
1. Do not abscond.
2. Try to negotiate with HR Or your project manager for the smooth exit.
3. If you abscond then the BGV would reveal this.
4. Employer can file FIR against you, if anything illegal from your side.
5. Discuss with a lawyer.
Dear Client,
Ur issue is too minute with easy solution.
what are conditions of appointment letter, ?
Notice period while in probation ?
Issue them a legal notice or a letter through registered post/email mentioning all details, and ur readiness to surrender the laptop but they are not receiving. Also mention dates on which u were surrendering lappy.
Through this, u will have a proof of ur bonafied and no criminal case will nade out.
If you have decided to resign the job you have to visit the employment offer letter and the conditions therein especially for resignation during the probation period.
If you are confirmed about the notice period, then you may put in your papers by sending it by a registered post addressing the MD directly instead of the HR and endorse a copy to the HR and a copy to your immediate boss.
You may also visit the office one day prior to sending the resignation letter by registered post and handover the company's properties held in your possession to any person responsible in the department.
You should not get frightened about their acts or threats to spoil your career, you can tackle them legally at the time of necessity.
No law will help you for you rmisbehavior and miscoduct
