IT Software HCL Technology
7 months ago
I didn't join HCL on the given date of offer letter but uploaded all the documents as HR asked me to do.I was not available in HCL campus on the mentioned joining date.Due to medical reason I denied to join and mailed on the same day now HCl sent me 2 notice and third notice is asking for 2 Lpa as recovery amount.
I informed them over email by mentioning all valid reasons 2-3 times but still they sent me notice.What should I do in this case? Please help sir!
A.Dear client,
As the employer has served you a legal notice, you must approach a lawyer for sending a reply to the notice explaining your side of the issue. This will save you from hassles and you will not have to face any issue when you take up a job in future. This is very important that you send a reply immediately.
As the employer has served you a legal notice, you must approach a lawyer for sending a reply to the notice explaining your side of the issue. This will save you from hassles and you will not have to face any issue when you take up a job in future. This is very important that you send a reply immediately.
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A.Dear Client,
On acceptance of the Company's offer letter, you send the necessary documents as required by the Company as part performance of the said offer letter. But on the date of joining you remained absent on medical grounds and informed the Company on the same day that you are not in a position to join the Company that itself seized or frustrated the enforceability of the offer letter for non-compliance of the condition of the said letter. So, the Company cannot claim any amount of compensation for any damage that is not caused at all by your non-acceptance of the offer of the Company or for non-joining the company on medical grounds. Company cannot take any adverse action against you for quitting the job on the date of joining because your resignation incurs no damage or loss to the Company. Section 27 of the Indian Contract Act,1872 prohibits any agreement in restraint of trade and profession. The law states that an agreement or contract of employment will be illegal only if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement/contract that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. However, for any adverse reaction from the Company, reach out to an advocate for serving a legal notice to the Company and visit the office of the concerned Labour Commissioner for redressal of your grievance against the Company. In case any legal assistance for drafting legal notice or filing a petition before the Court/Forum, you may contact our legal team along with all the relevant papers.
On acceptance of the Company's offer letter, you send the necessary documents as required by the Company as part performance of the said offer letter. But on the date of joining you remained absent on medical grounds and informed the Company on the same day that you are not in a position to join the Company that itself seized or frustrated the enforceability of the offer letter for non-compliance of the condition of the said letter. So, the Company cannot claim any amount of compensation for any damage that is not caused at all by your non-acceptance of the offer of the Company or for non-joining the company on medical grounds. Company cannot take any adverse action against you for quitting the job on the date of joining because your resignation incurs no damage or loss to the Company. Section 27 of the Indian Contract Act,1872 prohibits any agreement in restraint of trade and profession. The law states that an agreement or contract of employment will be illegal only if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement/contract that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. However, for any adverse reaction from the Company, reach out to an advocate for serving a legal notice to the Company and visit the office of the concerned Labour Commissioner for redressal of your grievance against the Company. In case any legal assistance for drafting legal notice or filing a petition before the Court/Forum, you may contact our legal team along with all the relevant papers.
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