I'm Scared - Can A Company Take Legal Action For Absconding Employees?

Hi,

I recently joined a company. They didn't give me any appointment letter. I didn't sign anything except for some allowance papers where I needed to sign to receive allowance money (food and travel expenses) because it was on-site work.

After some training (1 month), I was told to go out of state (Maharashtra) for a project. I worked there for 1 month. Due to some personal problems, I asked them to book a train ticket to come back home and told them that I'll continue to work on a local project. They obliged. After I came here, I didn't like to work for them anymore. When they called me, I told them that I was sick. I didn't go to the office, and it's been a month now. I don't work anywhere. I haven't taken a salary from that company for a month when I was still working but took the allowance money on a daily basis. I don't have any company properties with me. I don't want to go there now.

Is there some notice period I need to serve? Can they take any action against me? Will it cause me any problem if I join any other company? Should I be worried? Please reply.

Hi Akhilesh!

A few facts for clarity - You were not provided any appointment letter (which I presume was never sent and that's why it's not available with you); You were sent on assignments for which you were provided allowances; You didn't take your salary; You didn't receive any company's property with you currently; Now you don't want to work there. Phew!!

Sounds quite weird on the salary part. Anyway, let's go with the above facts.

Notice Period: What notice period are we talking about when the very appointment letter is missing from the story? There's never been employment at all. We can somehow take it as a case of Implicit Employment if it could be confirmed that some salary was paid by you, but you have already denied that. So technically, you were never an employee but were working more like an agent or something. (Actually, the arrangement was not even of an agency as you have not taken any margin over and above the cost incurred... But surely that's not the employment.)

Can the company take any action against you? Well, if they have a really good legal team, they would. Otherwise, they shouldn't. At most, you may be served a simple notice of disciplinary action or something. As long as there's no appointment letter, they have no rights.

Will it cause you any problem? Well, if you would give a reference to this company in your next company, then obviously you will be in trouble. Else, no need to worry.

But I STILL STRONGLY FEEL THERE'S SOMETHING AMISS ABOUT THE SALARY. The opinion will undergo a change with any change in presumptions stated in the First Para.

Puneet Sarin
CA LL.B

I received the salary during the training period while I was in Bangalore (local), but didn't receive it while I was working in Maharashtra for a month. I came to Bangalore and haven't gone to the office since. Perhaps if I went to the office, I could demand my salary, but I don't want to go there anymore.

In India, there are many organizations where appointment letters, etc., are not given. You were sent on outstation assignments where you were paid allowances, etc. This also appears fine and routine. You put in a request that you would like to do local assignments only, and you mention that the company obliged. This is good on the part of the organization. Despite this, you mention that you did not go to work and are not working anywhere. What made you take this drastic step? In the first month, you were given training; did you get paid? I think you have not given the complete picture - what made you abruptly stop going to work?

Anyway, since the appointment letter has not been issued, the company is on weak ground to proceed legally, and hence you need not worry about this. However, I feel your handling has been unprofessional and unethical too, which will be a problem if you do such things again for your career.