Hello Friends,
I am Naveendra Singh from New Delhi. I am in trouble and looking for the solutions from all of them who are in this site.
Well, my problem is that before 5 months i joined a company XYZ. They were looking for a graduate person and i was doing my MBA from correspondence. I could not reveal this fact to them because this could be one reason that might snatch this opportunity from me. I was in need of that job.
After working there for one and half month i suppose to give my final paper of MBA for which i was requiring at least of one month leave because i had to study as well as submit many projects there. After job hours i had no time to compromise with my study.
So at last, i decided to leave that job because they were not giving even a single day leave, and i was not in the condition to tell them the truth. So one day my friend informed my senior that i would not be able to come office because i had met an accident.
After that i was busy in my study and changed my number as well. In the month of may i got the termination letter because i left that company without prior notice.
Now the situation is,yesterday i got an another letter from them regarding the legal notice to pay a sum of amount which is exceeding Rs. 50,000. i was there in the probation period.
In my appointment letter from the company it is mentioned as
" You will be on probation for six months from the date of joining; however probation may be extended by the company at its discretion. During the probation period, the company may terminate this contract at any time without cause upon not less than 60 days prior written notice to you or compensation in lieu thereof. However, the company may with cause immediately terminate this contract if you are found to be in material breach of any of the terms of your employment and the company policy. You may voluntarily terminate your employment for any reason upon providing prior written notice to the company, the period of which shall be 60 days prior written notice. It is mandatory for you to serve the notice period and it is your responsibility to complete your handover during the notice period before resigning from the company. If you choose not to serve the notice period the company reserves the right to recover from you compensation towards all expenses incurred with regard to any training and development, special education, up skilling or on the job training provided to you in the course of your employment with the company in addition to losses and damages actually sustained by the company. The forgoing term is a condition precedent to your acceptance of this offer letter.
Can any buddy help me out from this worst situation as i am in dilemma weather to pay this amount or not.
I need your help as soon as it is possible.
Regards,
Naveen :-x
From India, New Delhi
I am Naveendra Singh from New Delhi. I am in trouble and looking for the solutions from all of them who are in this site.
Well, my problem is that before 5 months i joined a company XYZ. They were looking for a graduate person and i was doing my MBA from correspondence. I could not reveal this fact to them because this could be one reason that might snatch this opportunity from me. I was in need of that job.
After working there for one and half month i suppose to give my final paper of MBA for which i was requiring at least of one month leave because i had to study as well as submit many projects there. After job hours i had no time to compromise with my study.
So at last, i decided to leave that job because they were not giving even a single day leave, and i was not in the condition to tell them the truth. So one day my friend informed my senior that i would not be able to come office because i had met an accident.
After that i was busy in my study and changed my number as well. In the month of may i got the termination letter because i left that company without prior notice.
Now the situation is,yesterday i got an another letter from them regarding the legal notice to pay a sum of amount which is exceeding Rs. 50,000. i was there in the probation period.
In my appointment letter from the company it is mentioned as
" You will be on probation for six months from the date of joining; however probation may be extended by the company at its discretion. During the probation period, the company may terminate this contract at any time without cause upon not less than 60 days prior written notice to you or compensation in lieu thereof. However, the company may with cause immediately terminate this contract if you are found to be in material breach of any of the terms of your employment and the company policy. You may voluntarily terminate your employment for any reason upon providing prior written notice to the company, the period of which shall be 60 days prior written notice. It is mandatory for you to serve the notice period and it is your responsibility to complete your handover during the notice period before resigning from the company. If you choose not to serve the notice period the company reserves the right to recover from you compensation towards all expenses incurred with regard to any training and development, special education, up skilling or on the job training provided to you in the course of your employment with the company in addition to losses and damages actually sustained by the company. The forgoing term is a condition precedent to your acceptance of this offer letter.
Can any buddy help me out from this worst situation as i am in dilemma weather to pay this amount or not.
I need your help as soon as it is possible.
Regards,
Naveen :-x
From India, New Delhi
dear naveendra
ofcourse this was the condition of appointment to serve notice
of 60 days during probation also.
but it will difficult to recover this amount from you by the company.
so in my view donot pay anything to them and keep quite.
regards
js malik
endra_singh;775593]Hello Friends,
I am Naveendra Singh from New Delhi. I am in trouble and looking for the solutions from all of them who are in this site.
Well, my problem is that before 5 months i joined a company XYZ. They were looking for a graduate person and i was doing my MBA from correspondence. I could not reveal this fact to them because this could be one reason that might snatch this opportunity from me. I was in need of that job.
After working there for one and half month i suppose to give my final paper of MBA for which i was requiring at least of one month leave because i had to study as well as submit many projects there. After job hours i had no time to compromise with my study.
So at last, i decided to leave that job because they were not giving even a single day leave, and i was not in the condition to tell them the truth. So one day my friend informed my senior that i would not be able to come office because i had met an accident.
After that i was busy in my study and changed my number as well. In the month of may i got the termination letter because i left that company without prior notice.
Now the situation is,yesterday i got an another letter from them regarding the legal notice to pay a sum of amount which is exceeding Rs. 50,000. i was there in the probation period.
In my appointment letter from the company it is mentioned as
" You will be on probation for six months from the date of joining; however probation may be extended by the company at its discretion. During the probation period, the company may terminate this contract at any time without cause upon not less than 60 days prior written notice to you or compensation in lieu thereof. However, the company may with cause immediately terminate this contract if you are found to be in material breach of any of the terms of your employment and the company policy. You may voluntarily terminate your employment for any reason upon providing prior written notice to the company, the period of which shall be 60 days prior written notice. It is mandatory for you to serve the notice period and it is your responsibility to complete your handover during the notice period before resigning from the company. If you choose not to serve the notice period the company reserves the right to recover from you compensation towards all expenses incurred with regard to any training and development, special education, up skilling or on the job training provided to you in the course of your employment with the company in addition to losses and damages actually sustained by the company. The forgoing term is a condition precedent to your acceptance of this offer letter.
Can any buddy help me out from this worst situation as i am in dilemma weather to pay this amount or not.
I need your help as soon as it is possible.
Regards,
Naveen :-x[/QUOTE]
From India, Delhi
167ofcourse this was the condition of appointment to serve notice
of 60 days during probation also.
but it will difficult to recover this amount from you by the company.
so in my view donot pay anything to them and keep quite.
regards
js malik
endra_singh;775593]Hello Friends,
I am Naveendra Singh from New Delhi. I am in trouble and looking for the solutions from all of them who are in this site.
Well, my problem is that before 5 months i joined a company XYZ. They were looking for a graduate person and i was doing my MBA from correspondence. I could not reveal this fact to them because this could be one reason that might snatch this opportunity from me. I was in need of that job.
After working there for one and half month i suppose to give my final paper of MBA for which i was requiring at least of one month leave because i had to study as well as submit many projects there. After job hours i had no time to compromise with my study.
So at last, i decided to leave that job because they were not giving even a single day leave, and i was not in the condition to tell them the truth. So one day my friend informed my senior that i would not be able to come office because i had met an accident.
After that i was busy in my study and changed my number as well. In the month of may i got the termination letter because i left that company without prior notice.
Now the situation is,yesterday i got an another letter from them regarding the legal notice to pay a sum of amount which is exceeding Rs. 50,000. i was there in the probation period.
In my appointment letter from the company it is mentioned as
" You will be on probation for six months from the date of joining; however probation may be extended by the company at its discretion. During the probation period, the company may terminate this contract at any time without cause upon not less than 60 days prior written notice to you or compensation in lieu thereof. However, the company may with cause immediately terminate this contract if you are found to be in material breach of any of the terms of your employment and the company policy. You may voluntarily terminate your employment for any reason upon providing prior written notice to the company, the period of which shall be 60 days prior written notice. It is mandatory for you to serve the notice period and it is your responsibility to complete your handover during the notice period before resigning from the company. If you choose not to serve the notice period the company reserves the right to recover from you compensation towards all expenses incurred with regard to any training and development, special education, up skilling or on the job training provided to you in the course of your employment with the company in addition to losses and damages actually sustained by the company. The forgoing term is a condition precedent to your acceptance of this offer letter.
Can any buddy help me out from this worst situation as i am in dilemma weather to pay this amount or not.
I need your help as soon as it is possible.
Regards,
Naveen :-x[/QUOTE]
From India, Delhi
Dear Naveen
You have terminated by the company, and the compensation has to be paid only if you self terminate the contact without handover.
In your case, company never took time to investigate the matter, and have served you notice, so technically you dont owe a single penny to them.
If still they insist then to do drop a mail, that the money they seek is in violation of statute of the land, and its them who have to give you compensation for causing mental tension and stress by trying to extort money under the pretext of false and baseless civil case
Regards
Octavious
From India, Mumbai
You have terminated by the company, and the compensation has to be paid only if you self terminate the contact without handover.
In your case, company never took time to investigate the matter, and have served you notice, so technically you dont owe a single penny to them.
If still they insist then to do drop a mail, that the money they seek is in violation of statute of the land, and its them who have to give you compensation for causing mental tension and stress by trying to extort money under the pretext of false and baseless civil case
Regards
Octavious
From India, Mumbai
Dear naveendra_singh,
You don't have to pay single panny and just forget all this as bad dream. Same time you should be careful before signing any contract. Contract create a legal obligations you can be in trouble and grow up if you want to quit the job then do it in proper way(through resignation).
Plus point for you in your present issue. you had not left the job they had terminated you.(As you informed them that you had met an accident and hoping that they had not sent you any letter/Notice for absconding (mentioning you to join the org.) So there is a negligence from there side also.
From India, Hyderabad
You don't have to pay single panny and just forget all this as bad dream. Same time you should be careful before signing any contract. Contract create a legal obligations you can be in trouble and grow up if you want to quit the job then do it in proper way(through resignation).
Plus point for you in your present issue. you had not left the job they had terminated you.(As you informed them that you had met an accident and hoping that they had not sent you any letter/Notice for absconding (mentioning you to join the org.) So there is a negligence from there side also.
From India, Hyderabad
No need to pay the amount. However you should be aware of the fact that when you get a new job with another company and show you worked with this XYZ company, there would be two issues, 1. you would not have reliving letter. 2. When background check happens this company may not have good words for you so your new employer might come to know of your absconding. Which may not be good.
From India, Hyderabad
From India, Hyderabad
You have made a wrong work as per the job rules, because you should must tell to current company about your problem. But any how you not to worry about the recovery.
You keep your termination letter in safe custody. it will be helpfull for you in any legal matter.
Shailendra Gupta
From India, Delhi
You keep your termination letter in safe custody. it will be helpfull for you in any legal matter.
Shailendra Gupta
From India, Delhi
Dear Naveendra,
Relax and just dont worry, they cannot try you in any court. You were on probation when you got terminated.... You are not a workman so you cannot be tried in the labour court. Just ignore their notices.
Regards
Amit
From India, Mumbai
Relax and just dont worry, they cannot try you in any court. You were on probation when you got terminated.... You are not a workman so you cannot be tried in the labour court. Just ignore their notices.
Regards
Amit
From India, Mumbai
Dear Naveendra,
You had mentioned "So one day my friend informed my senior that i would not be able to come office because i had met an accident"
So verbally, you were the person who had hinted on terminating the contract.
And see below a quote from ur statement:
"If you choose not to serve the notice period the company reserves the right to recover from you compensation towards all expenses incurred with regard to any training and development, special education, up skilling or on the job training provided to you in the course of your employment with the company in addition to losses and damages actually sustained by the company. The forgoing term is a condition precedent to your acceptance of this offer letter."
Now speaking the truth - MISTAKE IS ON YOUR SIDE.
You concealed the fact abt your studies, becasue you wanted that job.
(Honey do you know how much time and money is spent on closing a position? You dont! OBVIOUSLY - well its time staking! FYI! )
You Lied abt a made-up accident and so that you could not actually work there anymore.
Lie lie lie! What a lie!
And finally when you recd a termination letter - you want to see how "Legally" you can avoid the situation.
They can show a no-show proof and cant they still state that since you did not appear for a particular number of days, and that itself implies you have breached the contract of providing notice, you have terminated the contract by self.
Look, - you chose to lie for a safe career (did you ask anyone like this - should I reveal abt my education status/ or not?)
You lied abt the accident (why did you lie??? because you wanted to avoid paying the breach penalty?)
I am never saying that my words are right, but just one clarification.... after you did so many things from your end, which you yourself admit were purely because you wanted the job...why do think this side of the issue alone must be legal?
Just like how you want to be away from paying so much, wont the company also think that they must recieve justice?
Think twice yaar before you could make a fool out of others, same thing can hit you back in life.
From India, Madras
You had mentioned "So one day my friend informed my senior that i would not be able to come office because i had met an accident"
So verbally, you were the person who had hinted on terminating the contract.
And see below a quote from ur statement:
"If you choose not to serve the notice period the company reserves the right to recover from you compensation towards all expenses incurred with regard to any training and development, special education, up skilling or on the job training provided to you in the course of your employment with the company in addition to losses and damages actually sustained by the company. The forgoing term is a condition precedent to your acceptance of this offer letter."
Now speaking the truth - MISTAKE IS ON YOUR SIDE.
You concealed the fact abt your studies, becasue you wanted that job.
(Honey do you know how much time and money is spent on closing a position? You dont! OBVIOUSLY - well its time staking! FYI! )
You Lied abt a made-up accident and so that you could not actually work there anymore.
Lie lie lie! What a lie!
And finally when you recd a termination letter - you want to see how "Legally" you can avoid the situation.
They can show a no-show proof and cant they still state that since you did not appear for a particular number of days, and that itself implies you have breached the contract of providing notice, you have terminated the contract by self.
Look, - you chose to lie for a safe career (did you ask anyone like this - should I reveal abt my education status/ or not?)
You lied abt the accident (why did you lie??? because you wanted to avoid paying the breach penalty?)
I am never saying that my words are right, but just one clarification.... after you did so many things from your end, which you yourself admit were purely because you wanted the job...why do think this side of the issue alone must be legal?
Just like how you want to be away from paying so much, wont the company also think that they must recieve justice?
Think twice yaar before you could make a fool out of others, same thing can hit you back in life.
From India, Madras
Mental stress? baseless civil case? Wasnt it the employee who caused all this for the employer? Comeon we all know that he lied for a good job? He initiated it!
From India, Madras
From India, Madras
That is all fine whether to pay back the money or not & legal or illegal notice. One thing is sure that whoever comes to know about such instance through this forum is certainly not going to induct him in their organisation at least for obvious reasons.
Therefore, it should be a lesson for you and other as well not to lie with their employers whatever the case may be.
From India, Delhi
Therefore, it should be a lesson for you and other as well not to lie with their employers whatever the case may be.
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Legal Notice.pdf