• Left company without serving notice period due to stressful work condition

I joined a company(national brand) on 21st feb 2019 at the time of joining they took 2 cheque of 1 lakh each.i got 15 days training.just after training I was posted to Chennai branch.within 2 week I realised that I can not work in this company.because of language barrier I am not able to connect with people...in office my boss used to talk in local language and I felt ignored.in office mobile phone was not allowed...you can not go outside without permission...it felt like I am in jail.i discussed with my seniors and told them to transfer me to any branch in North india but they tried to convince me.i sent multiple emails to hr but there was no response.i was working under mental stress.my health started deteriorating.at one point of time it became impossible for me to continue so I left it and told them that my health condition is not good.
Now after 15 days I got an email and a letter by post from the company saying that you are absent from the work without information , report at branch within 3 days otherwise legal action will be taken against you.also they are saying that due to your absence company is suffering hugely but it is not at all true.
Now that is the option left to me.?what should I do?
Asked 6 years ago in Labour

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18 Answers

Hello,

since you have given cheque at the time of joining  they may present the same in the bank now and now since training was imparted they do have a strong case. If they get indemnified by encashing those cheque then they will not file any case further.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You are suggested to strongly reply the notice citing reasons of leaving the job. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Rejoin the branch within 3 days 

 

2) if you don’t join company would deposit  the 2 cheque’s of Rs one lakh each 

 

3) serve the notice period 

 

4) it is necessary to peruse terms of your appointment letter to advice further 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

You should offer them to pay salary in lieu of the notice period in order to get yourself relieved from your duties.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Yes, they are right to issue you letters, at least you should do either to resign or to move leave application but you have not, so now make up your mind take the required step and get rid of the tension otherwise they will show you abandoned the service and may stop your dues.Better is to continue there and move and move applications for transfer on medical grounds annexing medical certificate issued by the Government Hospital. 

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

You may get in touch with me and accordingly I will send the reply for you.

 

get in touch with Advocates through phone consultation 

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

I can help you a lot but better is to search an advocate at local level.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

I can definitely draft a reply for you.

Feel free to contact.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You can engage a local lawyer to file reply to notice received by you 

 

mention reasons why you left the company 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

See send the resignation stating reasons to leave the company and claiming compensation for deteriorating health due to  regular harassment from there side. 

Further in the reply state the record of the previous mails and also of regular representation before the office authorities. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See engage an advocate to reply on your behalf and send the resignation. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

For preparation of reply, you need to mention all essential facts and reasons for leaving job.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You should go back and try to negotiate with them through a lawyer. Send a legal notice and specifically state your grievances. Tell them that they should free you of the duties and obligations. If they dont listen file a case in the labour court.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes you can and should send a reply. Also file a case in the labour court. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Join company immediately within 3 days. 

You have to serve the notice period. 

Consult local advocate with details of contract copy. 

Mohammed Mujeeb
Advocate, Hyderabad
19334 Answers
32 Consultations

You can send them a legal notice from a lawyer. You can incorporate all the reasons under which you were compelled file leave the job

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

If they have sent you a notice, then you give a reply notice mentioning your hardships and the inability due to your health issues.

You can request them to transfer you to some other branch in North India and until then you may be permitted to take rest at home to recover from your ill health.

They will not agree for this, in that situation you may decide about continuing in this company or not.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

You can very well draft a strong reply and mention all the hardships you faced from the date of joining this office and may state that due to this and the stress you suffered due to which you had suffered health issues.

You can tender your resignation letter by observing the norms for this as per company rules in this regard

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

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