• What legal action can employer take against me

I am amit. I had joined Konkan railway corporation Ltd (PSU) on 13/08/2019 as accountant and on 22/08/2019 I resigned as I got better opportunity in Maharashtra state government. While joining I had signed a bond which states that I have to serve the corporation for 5 yrs after successful completion of training and if I don't serve for 5yrs I have to reimburse the whole cost of training plus 12.5 % of payment I received during training. I haven't received any payment from corporation neither received any training as my post doesn't require training ( it's a common form for all employees like station master and goods guards who gets training before joining) now after my resignation they have arranged field visit to their regional offices which includes my name also and stating that I also have to go. But why I have to go when I have already resigned. I have talked to HR Dept regarding this and they said I have nothing to pay but my concern dept head is not accepting my resignation form stating that I will not let leave anyone. I joined for only 6 days during which I didn't alloted any work was sitting idle. As per terms of appointment letter which are as under regarding termination :-
(1) your service shall be liable to be terminated with one month notice or wages in lieu of notice and without assigning any reason during probation period ( probation for 2 years)

(2) after probation period your services may be terminated by giving 3 month notice period or payment in lieu of notice period either by corporation or yourself without assigning any reason

(3) in the event of termination by you by giving notice or payment in lieu of notice as stated in point no 2 (above) I have to attend the office till the corporation provides you relieving letter ( which looks impossible for me as per the behaviour of dept head)

Now since I have resigned on 22/08/2019 am I liable to pay anything to corporation anything. I have consulted regarding the same to HR personnel and he said just submit the application to my dept which I did and after that it will take 10-12 days to complete the whole process. But my concerned dept head called me on 23/08/2019 regarding my resignation and said he is not going to accept the application. In such scenario what should I do now ? 

I came to know about a guy who joined this organisation for 4 days and resigned and never came. Can I do the same coz I have not received any payment from them and they said they will not give anything. They are just harrassing me. Please suggest the measure to take.
Asked 6 years ago in Labour

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14 Answers

Issue a legal notice to your previous employer stating that it is all within my  right to resign and accordingly I have submitted my resignation which has been duly received by you. Hence the employment relationship has ceased to exist anymore. Further as I have joined another job I shall not be in a position to attend your office anymore. 

Further since I have not been provided any training I am not liable to reimburse any cost towards training. 

Also write to issue relieving letter immediately.

 

Now note that point 3 of your employment terms are totally illegal and void.  This can not be enforced by law. 

So don't worry. Join your new job without any tension.

If you face any problems or legal action by your previous employer , contact here for further advice and course of action. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

See you need to get your resignation letter and NOC if the immediate head is not accepting the resignation you need to contact and write to senior officials and ask for the acceptance of resignation. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi

Your HOD should give reasons for not accepting your papers.

You need to escalate your issue to higher ups.

What ever you do, you need to keep copy of acknowledgement.

If you do not get response, get issued notice through an Advocate.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1) your employer is refusing to accept your resignation you would not get relieving letter 

 

2) since no training has been offered to you refuse to pay bond money 

 

3) take your job with govt if they don’t insist on relieving letter 

 

 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

At the most you need to pay a one month notice about of your basic salary as you haven't served notice. Nothing more. You can file a complaint to office of dy labour commissioner. 

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

No since no salary received you do not have to pay anything for that.

Yes.you can intimate them of your resignation through mail or letter.

You should go office till you are not released by a letter or last date as per letter.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

no training was given to you 

 

2) no question of payment of training costs arise 

 

3) don’t go to office as your new employer does not want relieving letter 

 

4) you can send scanned copy  through mail 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

You should not go to your previous office.  You are no more an employee of that office. 

Just issue the notice as stated earlier. If you don't receive relieving order within a reasonable time issue another notice for the same giving 15 days more time to issue clearly stating that in default you shall be compelled to take appropriate legal actions.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

if your new employer not asking relieving letter then don't go to office. you can send scanned copy through Email. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Don't pay anything if they file any case it can be contested.Dont worry and relax

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

1.  Since you have submitted your resignation, just dont bother about the department's objection to this, as you are not going to claim any benefits out of this service, just ignore all those objections and proceed with your plan to quit the service and join the new employer, because they cannot obstruct your new employment by any means, at the maximum they can terminate your services, let them do it, it will hardly bother you.

2. You can follow the foot steps of the person who resigned his job prior to you.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

You dont respond to their objections or any other form of threats.

They may not be able to do anything on this since your employment period is hardly a week and you were not benefited by this employment in any manner.

You may decide as you have proposed and leave the job without waiting for their nod, let them take any action on this which can be challenged legally as per law.

 

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Dear

There is no need to pay any bond amount because the bond amount is for training provided to you and you havent get any training from them. 

You can leave the PSU and join you new employer if they don't need your relieving letter from previous organisation.

You can also send the resignation to senior officials for quick relieving.

HOD cannot force you to work for them if you are not willing to work.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have resigned as against the employment agreement, but still you do not come under the purview of training session and paying some percent of amount received.
  2. If they happen to take any action then that would be of civil in nature which will not hamper your life or career.
  3. You should contest it in the ground stated by you in the above query.
  4. Keep all the communications about the resignation and their denial/ refusal for your future reply to their claim of any nature in future.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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