Send them a legal notice . It's illegal termination
Termination/notice period
Hello, Recently I joined a bpo company. This was my first Job. After passing the interview they enrolled me in the training program for which they sent me trainee letter stating all the compensation details and the training duration was 40 days which i accepted. Training started on 13th July 2022 and I left the training after 30th July and I recieved the offer letter on 2 August 2022 which I did not accept or signed In the trainee letter it was also stated that failing to attend the training program for consecutive three (3) days will automatically terminate my training program I left the training in the middle and didn't completed the next remaining days of training and certification due to financial constraints and some health issues. Because it was a work from home job and it needed power backup but i could not avail the power backup due to financial problems..I didn't informed them about leaving.. Neither i accepted or signed the Offer Of Appointment letter nor there are any bond agreement. They ask me to fill PF form and ESIC form and Gratuity etc during the onboarding process..I filled this form only.. After a week I got the email saying that I have been put into abandonment of service list and asking me to state reason of leaving. Can they put me in that ? Also they're saying that recovery against the notice period will be marked Notice Period is 30 days as per the conditions. Can they ask me to pay for the notice period? sorry for the long question
Asked 3 years ago in Labour
11 Answers
Take the plea that you have not signed any appointment letter that you are not required to serve any notice period
that under terms of training letter since you have failed to attend for 3 days continuously your training program is terminated
mention reasons why you have left the training
If the training acceptance letter states that you are required to pay one month notice period, you are bound by it since you have accepted and signed the acceptance letter.
Also as you have not properly resigned from the job you can be declared as abandoned.
You may try to sort out the issues amicably with the employer instead of further complicating the issues
No sir nowhere it is written in trainee letter that I need to pay for the notice period. It just says that training program will be terminated automatically if I failed to attend for the consecutive three days. There was no mention of notice period 30 days of notice period was mention in only Offer Of Appointment letter which i didn't accept or signed. So in that case can they still ask me to pay against the notice period if i have not signed any bond or Offer Of appointment letter ?
Asked 3 years ago
The issue is that you have accepted the training letter and underwent training for some days
company spent money on your training and can recover expenses incurred fir your training
You can refuse to comply with their demand to pay for one month notice period for the same reasons that you have mentioned in your latest post.
No they can't. Don't pay. If they initiate any legal notice reply the same and contest it.
- 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, the 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.
- Hence, if an employee leaves the job during the probation period, then it not harm his career, and generally many company stipulates in contract, that during probation period either party can terminate the job with or without any notices.
- Since, you have only worked for a few days , then notice period not applied on you ,and you are under no obligation to pay the notice period amount.
You can contact me, if further suggestion needed.
Thank you for all the responses.. They have mailed to me by saying that they will put me in the abandonment of service list. How it is legal ? How to complain against it as it will hamper my career growth. To which authority should i approach for this ?
Asked 3 years ago
Send reply to the company that you have not signed any
appointment letter . There is no contract between company and you and as such you cannot be declared an absconder
Their threats to declare you to have abandoned the service will in way hamper your career.
By doing so they cannot initiate any legal action against you because there is no provision in law entitling them to initiate any legal action against you for this reason.
Besides you want to take any action on this then you should adhere to the prescribed procedures of law in this regard and approach labor commissioner for getting your grievances redressed and remedy.
- Such action is against the law , and you can take legal action against her
- Send a reply of that mail through a lawyer.
- My detailed reply is mentioned above.
You can approach labour court or labour commissioner office against them