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renu (Consultant)     16 February 2012

Notice period

Hi all ..(URGENT !!!!!!)

I am Riaa . i am currently facing a ce from critical problem .Hope . i get really good advice from India's Best lawyers.

I am a MBA student in final year . i have got a placement in a consulting (recruitment) firm . I have worked here diligently for 3 Months . But they have very torturing internal environment . I left my job some days back . I  have  sent a mail to my college premises about the problem but they are least bothered.Also , i have sent them a resignation with reason of my health issues.

Now problem is , they have s sent a mail to me to pay them 3o k as compensation as i have not served notice period . Now what should i do . As .they are not paying any PF and gratuity and also not any pay slips . I do not want any relieving letter from them ..

But can  they take any legal action against me . If i don not compensate them ..

Please , guide me on what should i do .. M really worried ..

Looking for help ..

Thanks and Regards



Learning

 3 Replies

sridhar pasumarthy (ADVOCATE)     16 February 2012

Is there any agreement between u and the company stipulating such a condition?

You are not  pay unless there is such an agreement.

renu (Consultant)     16 February 2012

HI Mr Sridhar ..

(Riaa here)

However there is not as such any ageement . But they had an clause in joining letter

Kumar Doab (FIN)     16 February 2012

Instead of citing health reasons you should have expressed actual reason i.e. tortuous work environment, bad and rude conduct thus rendering employer unworthy of being employed with. You can express the reasons now as well to appointing authority, MD, Head-HR in writing under acknowledgment, and hint the adverse affect of work environment on your health. After the same you may meet them and ask for waiver of notice pay and submit the minutes of discussion in writing under acknowledgment, and resolve the matter.

Post offer letter, joining letter, appointment letter with detailed terms and conditions of appointment has to be issued, and if salary has been paid pay/salary slip should be issued.

On the other hand company can claim that since you have drawn salary, you have accepted appointment without order. Did you sign any voucher for receiving salary, or was it transferred in salary a/c opened by the company?

It is felt that company has sent an email and may not peruse further to issue a letter/notice/legal notice.

College may have its own reason since they are charging fee and might be advertising that they have good placement record and therefore may not be inclined to spoil their relation and rapport in market for business reasons. This approach is lackluster.

If the company proceeds against you have the option of approaching the o/o labor Commissioner, or replying thru your lawyer.

Kindly consult your elders in the family, competent and experienced well wishers, lawyer/law firm than acting in haste in such matters, and proceed under expert advice.

 

 


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