Hi
I joined a company where they presented me with an offer letter and my employment with them would be confirmed after 6 months of probationary period. I signed a bond with them on non disclosure of any of their company information outside.
After 7 days of working I found that they do not have any employee appraisal management. HR clearly stated that I should not expect a raise after 6 months when I am confirmed as well as after 1 year. So I left the company. I let them know through mail and also personally met them.
They have now send a legal notice demanding 2 months notice period or 2 months salary to them.
I want to ask am I in bond to pay and serve because of the offer letter?
From India, Calcutta
I joined a company where they presented me with an offer letter and my employment with them would be confirmed after 6 months of probationary period. I signed a bond with them on non disclosure of any of their company information outside.
After 7 days of working I found that they do not have any employee appraisal management. HR clearly stated that I should not expect a raise after 6 months when I am confirmed as well as after 1 year. So I left the company. I let them know through mail and also personally met them.
They have now send a legal notice demanding 2 months notice period or 2 months salary to them.
I want to ask am I in bond to pay and serve because of the offer letter?
From India, Calcutta
Hi , if you are in the probationary period u no need to serve the notice period or pay any money to them dont worry relax. Regards, Mohan
From India, Visakhapatnam
From India, Visakhapatnam
hello sunshine,
Few companies follow the policy that on confirmation hike in pay will be given to an employee & some do not follow the same practice so getting hike on confirmation is totally depending upon the discretion of the management.
Now coming to the other point you have mentioned they said you should not demand for salary hike at the end of one year, that suggest they do not follow yearly appraisal systems that is why they told you that
as far as the notice part is mentioned if they have send you a legal notice
then they must have done with reference to your terms and condition as mentioned in the appointment letter,which I am sure you must have signed and if it states that on probation you have to give 2 months notice period they have valid clause to file a suit against you
I will advice you to get this issues sorted out without any legal implication on you
From India, Mumbai
13Few companies follow the policy that on confirmation hike in pay will be given to an employee & some do not follow the same practice so getting hike on confirmation is totally depending upon the discretion of the management.
Now coming to the other point you have mentioned they said you should not demand for salary hike at the end of one year, that suggest they do not follow yearly appraisal systems that is why they told you that
as far as the notice part is mentioned if they have send you a legal notice
then they must have done with reference to your terms and condition as mentioned in the appointment letter,which I am sure you must have signed and if it states that on probation you have to give 2 months notice period they have valid clause to file a suit against you
I will advice you to get this issues sorted out without any legal implication on you
From India, Mumbai
Hi
They did give me an offer letter but no letter of appointment was given to me. The offer letter is also not a legal document. I have not signed in each and every page of the offer letter. Am I still subjected to any breach of contract even if the offer letter is not a legal document?
The offer letter does mentions:
You will be on probation for 6 months. In the event of your successful completion of the probationary period, you will be confirmed. On account of the same, an appointment letter will be given to you.
On account of your resignation two months notice has to be provided from the date of acceptance of Resignation Letter. Please refer to Notice Period Policy in HR Policy Manual for more details.
the HR policy manual was not given to me ever. I neither read it, so don't know what it mentions. As I told you, it only had been 7 days in my probationary period.
The only legal document that I signed was on:
Confidentiality
Agreement For Assignment Of IP
Non Compete
They have already sent the legal notice. Since I was not at home, I now have to personally go and collect the same, to see what they have charged me with. I thought in India there is no such thing as bonded labour and you have to sign a legal document of pay and serve to be liable for payment if you leave the company. Lets c what happens, after I collect the document from the post office I have to see a lawyer I guess.
From India, Calcutta
They did give me an offer letter but no letter of appointment was given to me. The offer letter is also not a legal document. I have not signed in each and every page of the offer letter. Am I still subjected to any breach of contract even if the offer letter is not a legal document?
The offer letter does mentions:
You will be on probation for 6 months. In the event of your successful completion of the probationary period, you will be confirmed. On account of the same, an appointment letter will be given to you.
On account of your resignation two months notice has to be provided from the date of acceptance of Resignation Letter. Please refer to Notice Period Policy in HR Policy Manual for more details.
the HR policy manual was not given to me ever. I neither read it, so don't know what it mentions. As I told you, it only had been 7 days in my probationary period.
The only legal document that I signed was on:
Confidentiality
Agreement For Assignment Of IP
Non Compete
They have already sent the legal notice. Since I was not at home, I now have to personally go and collect the same, to see what they have charged me with. I thought in India there is no such thing as bonded labour and you have to sign a legal document of pay and serve to be liable for payment if you leave the company. Lets c what happens, after I collect the document from the post office I have to see a lawyer I guess.
From India, Calcutta
hi sunshine
like you have mentioned if the letter you have signed is not a proper documented offer or appointment letter then u could always Question the authenticity of such document saying that it is not a proper employment document
coming to the other point Confidentiality /Agreement For Assignment Of IP /Non Compete : If this are the documents you have signed then you need to work about the notice charges against you
but like you have mentioned in your above statements
On account of your resignation two months notice has to be provided from the date of acceptance of Resignation Letter. Please refer to Notice Period Policy in HR Policy Manual for more details
My Q is that have you signed their HR policy Manual which states that the employee has read the documents and abide by the rules and procedure mentioned in it IF NO then you need not worry u can always challenge them saying that such policy was never shown to you; but if you have signed then it might be an issues
On good think you did was u did not receive the letter so do not chase to find where the letter is, u can always say that the letter never came to you
also try to check if that letter has come from their lawyer or they have approached a labour court/ civil court and filed a suit against you if from court then you need to reply accordingly but do not rush till you get the letter and if that letter has come from their lawyer on normal A4 paper just ignore it
From India, Mumbai
like you have mentioned if the letter you have signed is not a proper documented offer or appointment letter then u could always Question the authenticity of such document saying that it is not a proper employment document
coming to the other point Confidentiality /Agreement For Assignment Of IP /Non Compete : If this are the documents you have signed then you need to work about the notice charges against you
but like you have mentioned in your above statements
On account of your resignation two months notice has to be provided from the date of acceptance of Resignation Letter. Please refer to Notice Period Policy in HR Policy Manual for more details
My Q is that have you signed their HR policy Manual which states that the employee has read the documents and abide by the rules and procedure mentioned in it IF NO then you need not worry u can always challenge them saying that such policy was never shown to you; but if you have signed then it might be an issues
On good think you did was u did not receive the letter so do not chase to find where the letter is, u can always say that the letter never came to you
also try to check if that letter has come from their lawyer or they have approached a labour court/ civil court and filed a suit against you if from court then you need to reply accordingly but do not rush till you get the letter and if that letter has come from their lawyer on normal A4 paper just ignore it
From India, Mumbai
I have not signed any document or signed their HR policy Manual and neither any document, which states that the employee has read the documents and abide by the rules and procedure mentioned in it. - Some relief
I only signed "offer of employment" which was a plain A 4 piece of paper, that too at the very end of the page, not even at each and every page.
the only legal document was - Confidentiality /Agreement For Assignment Of IP /Non Compete
Are you suggesting I should not go to the post office and collect the letter?
never faced such a situation...never thought too they will chase me like this when I only worked for 7 days. They are demanding 30K. Its quite a huge amount to ask for.
From India, Calcutta
I only signed "offer of employment" which was a plain A 4 piece of paper, that too at the very end of the page, not even at each and every page.
the only legal document was - Confidentiality /Agreement For Assignment Of IP /Non Compete
Are you suggesting I should not go to the post office and collect the letter?
never faced such a situation...never thought too they will chase me like this when I only worked for 7 days. They are demanding 30K. Its quite a huge amount to ask for.
From India, Calcutta
Dear Sunshine, Do not chase the letter to the post office just wait and watch I am sure they must have send you notice via their lawyer they must have not approached labour court
From India, Mumbai
From India, Mumbai
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