Reply to legal notice

It is absolutely your prerogative to take final call on the matter.

Notice Period: Notice period is a part of service conditions and job advertisement, offer letter, appointment letter, standing orders applicable to the company, statue should be referred to for concluding the notice period and hence notice pay applicable to the employee.

Notice period is also stated in Shops and Commercial Establishments Act of the state. 

IT companies are covered by this enactment.

If standing orders are applicable and are certified and have been extended to the designation of the employee, the notice period stated in standing orders shall be applicable and standing orders shall prevail upon appointment letter.

If notice period in standing orders is 1 month it can not be 3 months in appointment letter.

If standing orders are applicable but are not certified, Model Standing Orders shall apply. The notice period is NIL during probation period and is max. 1 month after confirmation of service.

For application of standing orders the establishments need not be a factory.

You may go thru: Industrial Employment (Standing Orders) Act,

The term Industry does not mean factory alone. The Standing Order Act is applicable to all establishments to which the Payment of Wages Act, 1936 applies. Section 2 (e) (iv)…………..

BPO/IT/ITeS/KPO sector has bee assigning fancy and strange designations.

Designation alone does not decide employee is a ‘Workman’ as in ID Act and ‘Employee’ as in Shops and Commercial Establishments Act or not.

 Your lawyer may ask you a set of structured questions and may opine that you fall within the category of a ‘Workman’ as in ID Act and ‘Employee’ as in Shops and Commercial Establishment Act of the State, or not?.

If he is not covered as both in such a case the notice period should be as per appointment letter/contract of employment.

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Thee employee was located in which state?

The redg. office/HO of the establishment  is located in which state?

Bond: The Bond/service agreement has to be in lieu of some extra ordinary favor by company, expense incurred by it on specialized training that added to extra ordinary skills, qualification…………

If no such expense is incurred by company the claim on Bond/liquidated damages may not stand the test of law…………………………………The courts of law would look into reasonableness of the matter and reasonable amounts if any…………………

You should approach your labor consultant/service lawyer with copies of all of your docs, including but not limited to job advertisement, job application, offer letter, selection letter, appointment letter, bond, legal notice………………..spend quality time with your lawyer, give inputs, and understand the merits and proceed under expert advice of your lawyer.

Your lawyer may opine to submit a fitting reply to legal notice.

Fitting reply to Legal notice may end the mater there and company may not proceed further.

If company proceeds further ( after or without reply to legal notice) and pulls the employee to court of law the court shall decide the reasonableness of the matter and reasonable amounts if any…………………….

The employee should not panic and must not conceal anything from his lawyer.

In the meantime you may go thru the attachments.

There are many threads similar to your query which you may find relevant and useful e.g;

https://www.lawyersclubindia.com/forum/Company-not-agreeing-for-notice-period-buy-out-90752.asp#.UmfCZXCAqWM

https://www.lawyersclubindia.com/forum/How-can-i-avoid-notice-period-recoverable-amount-90592.asp#.UmfC9XCAqWM

https://www.lawyersclubindia.com/forum/Breach-of-employment-Bond-39915.asp#.UmfJT3CAqWM

https://www.lawyersclubindia.com/forum/Breach-of-service-agreement-89668.asp#.UmfKUHCAqWM

https://www.lawyersclubindia.com/experts/Standing-orders-426366.asp#.UmfKanCAqWM

https://www.lawyersclubindia.com/experts/Absconded-inspite-of-having-a-bond-426216.asp#.UmfKhnCAqWM