Legal Question in Employment Law in India

I am facing a threat from a company saying that they will issue me a legal notice for resigning from my job.

My exact case is as follow:

I had joined a company on 25th January,2013. I was shortlisted after the interview and I got a call from the HR saying that I was selected and will have to join on 25th January,2013.

I was told that the company will email me a scanned copy of the offer letter the next day. It was a job as an IT trainee on a 1 year contract basis. I had spoken to the HR asking about the contract terms wherein she told me that the contract meant that:

1.) I am an employee for the company for just 1 year and on completion of 1 year, my contract may or may not be renewed depending on the need of the company and my performance.

2.) But, I also made it clear wit the HR n she said that in spite of this 1 year contract, I am free to resign from the job anytime before completion of the contract.

3.) The notice period required before I resign will be 20 days.She also said that if I resign before serving a 20 day notice period, the maximum consequences I can face in this case is that I will not be paid my remaining salary and I will not be given any relieving letter.

However, I did not receive any scanned copy of the offer letter and contract by email ( as told by the HR ) before joining. Moreover, even on the day I joined ie Friday, I was told that the offer letter and contract papers were not ready since the HR was on leave and it will be given to me on Monday.

So, on the day of joining, I was made to fill only the joining form and provident fund nomination form, where, I had to only mention my name, address and other family details on it.

Along with the joining form, they also took a photocopy (xerox) of my degree certificate, pan card and passport.

But, I was not given any offer letter or contract papers or bond. I had not signed on any of it.

However, on the first day itself I was not satisfied by the work given to me. As a result, I informed the HR and sent a resignation by email. The reason I mentioned about the resignation was that I got a job in a particular MNC and I will be joining there.

The fact is that I already had an offer from the MNC I mentioned to the company but I had not told them about it.

Now the authorities in the company from where I resigned are very angry and upset and the told the office staff that they will serve a legal notice to me and the MNC that I will be joining.

My questions to you are:

1.) Can they serve any legal notice to me since I have not signed any Contract or Bond and I have not even received any Offer Letter ?

2.) Can they send any legal notice to the company that I am going to join next saying that I have absconded and they should not give me a job ?

3.) Can I be in any sort of legal trouble from the company I resigned in just 1 day ? ( But, I have not signed any bond or contract or offer letter from them. I have just signed the joining form and pf form with only my basic details.)

Please answer my questions as soon as possible Sir. I am very stressed out due to the threats given to me by the employer.


Asked on 1/29/13, 4:04 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

29.01.2013

Dear Sir / Madam,

(Bandra-West, Mumbai)

It is the constitutional right of an employee to join any organization of his / her choice. Further, the principle of natural justice prevents an employer from compelling an employee to forcibly serve in the organization.

1). No ... The Company does not have any valid ground to serve you a legal notice.

2). No ... The Company does not have any valid ground to serve a notice to your prospective employer.

3). No ... your approach is perfectly valid and justified.

Should the Company persist with their threats, please mail me at [email protected] to guide you on further line of action.

Regards,

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Answered on 1/29/13, 4:18 am


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