dear Mr. N
There is nothing wrong on the part of the Employer insisting for the notice period compensation as this is the terms of the employment which u had agreed and signed. However your employer cannot demand compensation at his will it should be to the extent of your 60 days pay.
regards
madhav
From India, Mumbai
There is nothing wrong on the part of the Employer insisting for the notice period compensation as this is the terms of the employment which u had agreed and signed. However your employer cannot demand compensation at his will it should be to the extent of your 60 days pay.
regards
madhav
From India, Mumbai
Hi Naveen,
I completely support what Ash Mathew has stated. When you are in an organizsation, be a professional and dont cry foul when you commit a selfish mistake and are taken to task for it. What kind of professionalism are you showing when you accept that you simply stayed away from work for endless period and did not even bother to tell your employers the truth and ask them either for leave for your studies or resign from the job in a proper way. Let us for a moment assume that you had continued and they had not paid you as per the contract, would you have kept quiet? Any job contract is two sided and when you sign an agreement you also commit to accepting the terms and conditions of the offer and if they have sent you a notice claiming the amount as per the terms and conditions of your appointment, you have to pay the amount. If you dont do that and the company wishes to pursue legally (which is what I would do if I was working in that Company), they can spoil your future employment and also can drag you to courts and make you spend a fortune on defending a weak legal case.
I do not support causes that are not justifiable and in your case you have no justification for what you did. Even now, go to your employers, explain to them the reasons for your leaving and request them to amicably settle the issue. Charge the expenses to your "lessons learnt expenses" account.
Regards
Krishnan
From India, Madras
I completely support what Ash Mathew has stated. When you are in an organizsation, be a professional and dont cry foul when you commit a selfish mistake and are taken to task for it. What kind of professionalism are you showing when you accept that you simply stayed away from work for endless period and did not even bother to tell your employers the truth and ask them either for leave for your studies or resign from the job in a proper way. Let us for a moment assume that you had continued and they had not paid you as per the contract, would you have kept quiet? Any job contract is two sided and when you sign an agreement you also commit to accepting the terms and conditions of the offer and if they have sent you a notice claiming the amount as per the terms and conditions of your appointment, you have to pay the amount. If you dont do that and the company wishes to pursue legally (which is what I would do if I was working in that Company), they can spoil your future employment and also can drag you to courts and make you spend a fortune on defending a weak legal case.
I do not support causes that are not justifiable and in your case you have no justification for what you did. Even now, go to your employers, explain to them the reasons for your leaving and request them to amicably settle the issue. Charge the expenses to your "lessons learnt expenses" account.
Regards
Krishnan
From India, Madras
Dear
Do not worry.
Such clauses do not stand in any court of law and hence you need not pay. While accepting the job the employee is not in the same stand as that of the Employer and as such any contrcat made under such ontract is Void. However i would suggest you may have submitted an application informing your sickness / any such excuses and proiceeded on LWP.
From India, Kapurthala
Do not worry.
Such clauses do not stand in any court of law and hence you need not pay. While accepting the job the employee is not in the same stand as that of the Employer and as such any contrcat made under such ontract is Void. However i would suggest you may have submitted an application informing your sickness / any such excuses and proiceeded on LWP.
From India, Kapurthala
It is very surprising that a lot of members seems to advice other members to be unethical, ignore notices, willfully dishonor contracts that they signed because it is inconvenient to them now, etc, because "nothing will happen, courts will take time".
Just because the party issuing a notice is a company, does it justify the actions of Mr. Naveen? Would all of us here react the same way if the company had asked the employee to walk-out and not honored the contract?
I firmly believe that we need to be truthful and not provide unethical suggestions and advices to members. I agree with Mr. Krishnan when he says that Naveen should talk to his former employers, apologize to them and then take responsibility for his actions.
Girish
Just because the party issuing a notice is a company, does it justify the actions of Mr. Naveen? Would all of us here react the same way if the company had asked the employee to walk-out and not honored the contract?
I firmly believe that we need to be truthful and not provide unethical suggestions and advices to members. I agree with Mr. Krishnan when he says that Naveen should talk to his former employers, apologize to them and then take responsibility for his actions.
Girish
there is no investment made by the company in terms of class room training and so. At the same time you were working for the period of nearly 1 .5 month and you were paid salary and not a stipend and they have not offered post of trainee.
This are old techniques to hold people of the company so that don't leave the organisation. don't worry. Nothing happens.
r.dave
From India, Mumbai
2This are old techniques to hold people of the company so that don't leave the organisation. don't worry. Nothing happens.
r.dave
From India, Mumbai
Hi Naveen,
You may get away with this case, remember such practices out of country will make your life miserable. Breach of trust is no excuse. This is an example of overselling one's qualification. Now that you are out of the organisation, heave a sigh of relief, LEGALLY NOTHING WILL AND CAN HAPPEN TO YOU. and let's fast forward by another 7 years.... you are a ceo of an organisation and you find one of your employee has done the same what would you do? send mails to everyone find solace and say leave him? and if the entire organisation does?.
My advise is "Speak truth at all cost. if you work for an organisation with some inhabition or carrying dead weight with you, wherever you go you wil perform below par. As you grow in an organisation in future say it loudly (this experience) to all your collegues and ask your juniors not to make these mistakes.
Warm Regards
Prof ANOOP NAGARAJAN
From Singapore, Singapore
You may get away with this case, remember such practices out of country will make your life miserable. Breach of trust is no excuse. This is an example of overselling one's qualification. Now that you are out of the organisation, heave a sigh of relief, LEGALLY NOTHING WILL AND CAN HAPPEN TO YOU. and let's fast forward by another 7 years.... you are a ceo of an organisation and you find one of your employee has done the same what would you do? send mails to everyone find solace and say leave him? and if the entire organisation does?.
My advise is "Speak truth at all cost. if you work for an organisation with some inhabition or carrying dead weight with you, wherever you go you wil perform below par. As you grow in an organisation in future say it loudly (this experience) to all your collegues and ask your juniors not to make these mistakes.
Warm Regards
Prof ANOOP NAGARAJAN
From Singapore, Singapore
You need not pay the amount. Do not show the experience with this XYZ co to your new employer.
From India, Madras
From India, Madras
Dear Naveendra,
Mistakes have been made both by you and your ex-employer. However, anything you put in writing, now, can be used against you...including, your postings on this site ! It is advisable not to pay the amount demanded by the Company, .... unless they get a court order to that effect, which could easily take 3-5 years.
In the meanwhile, think how you will explain the entire episode to a potential employer, who will sooner or later learn about it. (Remember: Honesty is the best policy!)
Gerry
From India, New Delhi
Mistakes have been made both by you and your ex-employer. However, anything you put in writing, now, can be used against you...including, your postings on this site ! It is advisable not to pay the amount demanded by the Company, .... unless they get a court order to that effect, which could easily take 3-5 years.
In the meanwhile, think how you will explain the entire episode to a potential employer, who will sooner or later learn about it. (Remember: Honesty is the best policy!)
Gerry
From India, New Delhi
Hi, I believe that the contract will void if you or the XYZ will become silent. there is surely not to SIT in Peace but consult an Industrial Dispute handler. i believe that the first thing to be done that 50, 000 which your company is asking to pay to them is agaainst which heads. second you are suppose to pay the amount for .....................
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.
ONLY , if you have not gone through any such activity then do not worry otherwise you can negotiate to lessen teh amount.
God Bless U
Singh
From India, Ludhiana
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.
ONLY , if you have not gone through any such activity then do not worry otherwise you can negotiate to lessen teh amount.
God Bless U
Singh
From India, Ludhiana
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