• Can a company take legal action if resigned after 2 days of joining and not served notice period

I have joined a Indian IT MNC in July 2019. After Joining I got to know that they did some false promises to me for which I don't have any written communication. After two days I resigned from that company. I did not have my company's email id so I resigned from my personnel email id. From this personnel email id I was communicating with them. I did not take any salary but they deposited my PF from September 2019 to November 2019. after that In March 2020 they send me my reliving letter along with F&F letter. They was demanding 1.80 lakh. After that they also send one warning letter and threaten me to take legal action. After that I did not receive any document from that company. Now In January 2021 they started sending some recovery letter over on my personnel email id. Today Feb 4 2021 they have send me final reminder that if I will not deposit money in their company account then they may take a legal action. Can they take legal action against me? I do not have any company asset except ID Card.
Asked 3 years ago in Labour

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11 Answers

- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice. 

- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.

- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.

- Further , as you have resigned just after 2 days working , then you are not bond to pay the said amount , as this period comes under the Probationary period. 

 

- you can connect with me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Service agreements are unconscionable contracts. The clauses of penalty are only to terrorize the employee. Such terms are not enforceable. Therefore you need not fear anything

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

It is necessary to peruse terms of your appointment letter 

 

2) you have to serve the notice period as per terms of your appointment letter 

 

3) if you fail to do so company can sue you to recover the notice period 

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

As you have received legal notice it becomes your duty to issue reply notice denying their allegations. 

If you remained silent then it is construed that you have admitted their allegations. 

You may go through the contents of the offer letter and decide how you can tackle the situation since you have agreed to the terms and conditions mentioned in the employment offer letter and have duly signed the same accepting conditions. 

You may discuss with an advocate practicing in service law and proceed as suggested. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You were required to serve 3 months notice period 

 

you failed to do so 

 

company can sue you to recover 3 months salary 

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

Thus have you followed the conditions made in the offer letter. 

Did you pay the monetary compensation for the notice period. 

If not you are liable to pay the same. 

You may to return the PF amount and the f an f settlement amount too since you may not be eligible for that as you have worked only two days with the company. 

The company may sue you for recovery of the amount due to it. 

However no criminal complaint is maintainable nor it will be entertained by police or court. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Send a legal notice to these people and if they do not respond then file a criminal complaint against them.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You were not confirmed in the job. You were on probation. Therefore you are not liable to pay anything.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Company can claim losses of you hane signed any bond. Otherwise company can only claim notice period salary

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear sir/ma'am,

 

As you have said that you resigned within 2 days, you were not officially confirmed into employment and so you should not be liable to pay  the notice period amount of 3 months salary. But for this you shall first send a reply to the legal notice through a lawyer. This reply is very important for your defense in case the company decides to approach court. Thank you.

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

- Probationary periods are often applied to new employees as a means of determining their capabilities in a new job.

- Hence, the employer can terminate during the probation , and employee can also leave the job with the terms and conditions mentioned in the appointment letter for probation. 

- The mentioned terms and conditions not applied in your case , as even you have not completed the probation period. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

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