Employer's Lawyer Sent Legal Notice

You have committed the same grave error that majority of the employees commit.

You should have consulted before signing on the dotted line.

Do you have copy of the agreement signed by you?

The service agreement was drafted by employer in lieu of what extra ordinary benefit?

If notice period was 60days and you have served 48 days then how and why demand for 60days notice pay is made?

Do you have copy of notice of resignation, its POD with you?

The notice period of 60days may not be necessarily applicable in your case even if inserted in appointment letter.

Have you shown all docs on record to a very able counsel specializing in Labor/service matters?

If yes what is the opinion of your own counsel?

Yogevendra ji don't panic. As notice is given to u give reply to it stating the fact. As it was mentioned in your service agreement u had serve there for 2 years?

@kumar doab

Do you have copy of the agreement signed by you?
They didn't give me copy of the agreement.

The service agreement was drafted by employer in lieu of what extra ordinary benefit?
Idiot me who didn't read the full service agreement as I was extra positive at that time with the employer.

If notice period was 60days and you have served 48 days then how and why demand for 60days notice pay is made?
Don't know why they are demanding for 60 days notice period (may be because they didn't accept resignation? they said verbally that they are not accepting it but didn't give me reply to the email of resignation)

Do you have copy of notice of resignation, its POD with you?
Yes, I have copy of resignation email and all other details I sent in that period of time.

The notice period of 60days may not be necessarily applicable in your case even if inserted in appointment letter.
Didn't get you!

@adv.bharat @ PUNE

I completed 1 year and 2 months (10 months remained)

What is this establishment; Commercial,Industrial?

What is its line of business?

How many person are employed in it?

Your office/reporting office/Redg. office/Corp. Office are located in which state?

Are you under probation of confirmed?


What is your designation and nature of duties?

Since how many months you have been working?

Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Can anyone cancel/change/amend your recommendations?


What is your monthly salary?

Does standing orders ( Model/Certified) apply to establishment/your designation? If yes are these certified?

Are you a member of employee's/trade unions?

Thank you Kumar Doab for your response.

What is this establishment; Commercial,Industrial?
They build websites, apps (IT Company)

What is its line of business?
They provide services

How many person are employed in it?
300+

Your office/reporting office/Redg. office/Corp. Office are located in which state?
Gujarat

Are you under probation of confirmed?
Probation period was of 3 months and I was confirmed employee (4 years total)

What is your designation and nature of duties?
One of the Team leader (They had hired new Team leaders after I sent resignation as a replacement)

Since how many months you have been working?
48 months (4 years)

Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Can anyone cancel/change/amend your recommendations?
Nope, It was with me before six months. For 3 years with them I was Senior who had responsibility to assigned work to juniors, nothing else. In the 4th year, for 6 months I was given partial previleage to sanction leaves of the juniors ONLY. But it was changed for the last six months I was with them.

What is your monthly salary?
half lakh

Does standing orders ( Model/Certified) apply to establishment/your designation? If yes are these certified?
No idea (may be I didn't get you)
 

Are you a member of employee's/trade unions?
Don't have much idea about trade unions.

You have not replied to all points, pointwise.

Reply to all points, pointwise.

What exactly do you mean by "Nope, It was with me before six months."

I fixed it above. Hope that helps.

You have still not replied to all points, pointwise.

Reply to all points, pointwise.

Sorry for the mistakes, Just updated it pointwise above.

You may still be covered by the def. of 'Employe' as in Gujarat Shops & Estbs Act ( that followed Bombay Shops & Estbs Act) , ,and if governed notice period shall be  as per the Act, 'Workman' as in ID Act.

Service Agreement: You can demand the authenticated copy.Look into ground on which the gareement was drafted e.g; Training from certified Instt that added to qualification.

Engage a very able counsel specializing in labor/service matters to submit a fitting reply to legal notice.

It may put the matter on permanent shut up mode.

If the matter lands up in court, it shall be decided on merits. 

The said agreement may be violative of standing orders.

There are many IT/ITeS employees unions that have affilliated with trade unions and have done god job.

You can approach unions for support,

Your counsel may opine that you can approach, Inspector appointed under ;Gujarat Shops & Estbs Act, O/o Labor Commissioner

You may want to reply to their notices. do not fear it is just a legal notice by an advocate. send a detailed reply to him. State everything in writing. write them emails(detailed) this is how you may build your case. 

@Kumar Duab  

Thank you so much for detailed reply.

I dind't not understand this "The said agreement may be violative of standing orders."

Also, Do you know any trade unions which I can contact in Ahmedabad?

@Adv Rit Arora Yes, going to talk to lawyer to draft a notice which keeps all the details.

agreement was drafted e.g; Training from certified Instt that added to qualification.

If there is  no such ground the BOnd/agreement may get termed as unconscionable, unreasonable etc….

Just type IT employees union and search and you will get to know much about it;

e.g;

https://itnitesunion.wordpress.com

fite.org.in

www.itecentre.co.in

Thank you @Kumar Doab for providing more details about the questions.

One more question: Can I ask in lawyer's notice to provide the agreement's copy? as they refused to give copy of the agreement last time.