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Received a legal notice from the employer

(Querist) 29 March 2014 This query is : Resolved 
I quit the job for the harassment and bullying in the company.informed major things to management, they asked to continue and assured the problem won't repeat i was not ready since i felt not safe continuing.As few things happened in front of TL and i didn't get any permanent solution for the same.i was not even allowed to continue my work my system was controlled by some one and my work was not getting saved.Few files where locked in server, informed tl And showed it to some senior no help received from any one.i decided to leave the job and next day sent a resignation mail to hr briefing the things happened.and procedure to be followed to get relived.

I got a call from TL Saying his job is under Problem because of me.i went back to office and explained to to them they gave Knowledge Transfer Option and they said they will decide and tell me what exactly it is.As i had worked only for 2 months and there was no training given to me.i accepted for kt Since it won't take much time.

Next Day i was expecting a mail from them instead got call from the TL blaming for not going to office.as we are not allowed to access person email and my official email was only foe internal purpose.i was expecting a reply.As i didn't get any reply i replied them asking about our discussion.they replied as if they don't know anything and i have to give 3 months notice or 6 months salary as per indemnity bond.i was still under probation period.It was for 3 months i had completed only two months.As i left the job because of the problems i faced i was not ready to pay them 1,50,000 Rs and was not even feeling safe to go back to the office.
I replied them its difficult to work for any one with that kind of work environment.h\He started blaming me that their are lot of girls working in his company no one had any problem till now.I had no words to say.

Now after one and half month i have received a notice saying i have to pay 1,50,000 and 5000 for notice.and i Should apologize for speaking about work culture.

Plz guide me How i can proceed... consulted a lawyer he is asking for 15,000 for replying for the notice. Financially i am not in a position to pay so much of amount as i am unemployed now.
Kumar Doab (Expert) 29 March 2014
Once employee has resigned the relationship of employer/employee has ended.
Your TL has tried to frame charge of ‘Absconder’ by calling and telling you have not attended office.

It is not clear but we are guessing that the establishment is IT or BPO or KPO, and by your designation you may get covered as "Workman' as in ID Act, and as' Employee' as in Shops and Commercial establishments Act.

All of these companies are covered by (name of the state) Shops and Commercial establishments Act and standing orders.

Standing Orders shall apply if company employs 100 employees or 50 id company is in Maharashtra/AP.....................


If standing orders are not certified Model Standing Orders shall apply.
AS per Model Standing Orders Sec:13; Notice Period applicable during Probation is NIL and after confirmation 1 month.

Standing orders shall prevail any private agreement that employer has signed with employer e.g; appointment letter, contract of employment or so called Indemnity Bond.

The Shops and Commercial establishments Act also has section of Notice period and it is felt that for service period of 2 months it might be NIL…………………….in (Name of your state) Shops and Commercial establishments Act………………….


All lawyers do not charge hefty fee.Try by visiting the local labor court and meet some of the labor consultants/service lawyers there.

You can approach:

Employee’s Union, IT/ITeS Employees union e.g;

Women IT/ITeS Employees union e.g;

Trade Unions; e.g; CITU, AITUC, INTUC etc

Inspector under (Name of your state) Shops and Commercial establishments Act

ALC in local o/o Labor Commissioner.
testa (Querist) 29 March 2014
Its an IT Company in Gujarat.my designation was software engineer.As per appointment letter i need to give 3 months notice if i leave the company with in 2 year else you have to pay 6 month salary and they will not provide any documents. I am mentally very much disturbed and was not able to explain the the thing properly to the lawyer.
Devajyoti Barman (Expert) 30 March 2014
The notice period is for normal circumstances.
If you face any extraordinary situation making it highly difficult to continue in a particular job you can not be compelled to continue in it for notice period.
Ignore it and join a new company.
Guest (Expert) 30 March 2014
Your own perception and evidence in support of your description can be two different things, which only an expert can discriminate only after proper analysis of documents in your possession pertaining to your service with the company.

So far as your description is concerned, that is not clear whether your interaction with the management/TL was formal in writing or verbal and what evidence actually you have in support of your statement.

Further, the terms & conditions and language of the bond vis-a-vis the legal notice would need to be examined and analysed in right perspective by some expert to guide you what actually can be the remedy for your problem.

So, instead of resorting to any casual approach to your problem, better get appropriate solution by gstting the case related documents duly examined by some service laws expert.
Dr J C Vashista (Expert) 30 March 2014
I agree with the experts, especially Sh. PS Dhingra ji, more practical approach.
testa (Querist) 30 March 2014
I had informed the things briefly in email and explained to them in verbal.they had accepted the problem in verbal.i had told them to support in any kind of investigation but they where not ready to do anything at that time.just wanted me to continue.Finally they gave me Knowledge transfer option verbally when i asked them the same in mail next day.they had changed the words asking for 3 months notice or 6 month salary as per indemnity bond.indemnity bond is nothing stating acceptance of appointment letter terms and conditions.They didn't provide me the copy of the same.
I had showed all my documents to the lawyer they had told asking for 6 month salary looks strange if its 3 month salary it holds some value.and even in notice they have mentioned like i need to pay all their legal expense.
Rajendra K Goyal (Expert) 30 March 2014
consult a lawyer expert in service law.
Devajyoti Barman (Expert) 30 March 2014
Quit the company and join a new one. Nothing will happen. It is not easy to recover the notice period money which is time consuming too.
R.K Nanda (Expert) 30 March 2014
no more to add.
T. Kalaiselvan, Advocate (Expert) 30 March 2014
Expert Mr. Dingra's advises and tips are more valuable, however Mr. Barman's advises are practicable. Decide about what to do.
Guest (Expert) 30 March 2014
So everything was one-sided from your end that too in brief without evoking any response on those brief emails.

About notice vs notice pay, you need to verify the terms of your offer/appointment letter or agreement, if there is any, to find any discrepancy or violation on the part of your employer.
testa (Querist) 30 March 2014
What can be done when they reject to reply through mail and change the decision.They accepted things only verbally.When the things happened in front of the Tl and i have a mail sent to My Tl stating the problem the day before i left. But that was an internal email i was not allowed to send mail out side the company.

their is nothing in favor of employee in appointment letter its only in the favor of employer.they have mentioned i am eligible for the leave and insurance only after probation period.no notice is mentioned for probation period.if you quit with in two years 3 months notice or else six month salary with out documents.after two years its one month or one month salary. They have deducted a security deposit from my salary if i quit with in one year that will not be returned.
Guest (Expert) 30 March 2014
You may better take personal appointment with some labour & services law expert to help you to take the right course of action systematically after examination of the case related documents, including your appointment order and notice.
testa (Querist) 30 March 2014
Thanks all of you for all the suggestions.
Devajyoti Barman (Expert) 30 March 2014
you are welcome.....
Kumar Doab (Expert) 31 March 2014
Reference is also made to another thread initiated by you at:

http://www.lawyersclubindia.com/forum/Resignation-without-notice-period-93242.asp#.UzmCEUeBmXU


>>> If there is no clause of notice period/pay during Probation Period then your lawyer may opine that there is no notice period/pay applicable to you.




>>> YOU must find out if the employer ( assessee) had claimed deduction Section 80JJAA ………………………….and in respect of the engineers employed not in the category of supervisory control.
AND IF YOUR NAME IS INCLUDED IN IT??????????????????
IF YES YOU MAY COME BACK AND SOME INPUTS MIGHT BE POSSIBLE THAT MAY GO IN YOUR FAVOR.
YOUR LAWYER MAY OPINE TO CALL FOR THIS RECORD.
YOU MAY APPLY YOUR RESOURCES AND OBTAIN IT.
THE EVIDENCE EVEN IF OBTAINED ILLEGALLY SHALL REMAIN EVIDENCE.



>>> You have communicated in writing and explained the matter in detail in office. Your grievance is on record, even if it intranet of the company. You may quote it and demand it to be placed on record.
Your lawyer may opine that concealing the facts and docs from court amounts to fraud with court.

Resignation is personal matter and can be sent from personal email id and should preferably be sent by letter thru redg. Post.


The HR that is responsible was unwilling or investigation and has not conducted investigation/inquiry, willfully. The HR (executives) of the establishment that is representative of employer has defaulted on the processes and is a party, now.

You may put that on record in writing.

Your lawyer may opine that you should demand to let you examine your personnel file and seek an appointment for it, AND ALSO THE SERVICE CARD. The Inspector under Shops and Commercial Establishments Act can examine all forms/registers/files in company’s office or call it in his office. YOU may apply your resources to obtain certified copies from Inspector.


The HR ordered the Knowledge transfer (verbally) that might be a condition/exit formality before allowing exit after resignation by employee. You may put that HR asked for KT, on record in writing. YOU may also obtain exit policy, HR policy, and any other policy of the company.


The establishment/HR/Employer need to reply on the strength of which document it has demanded 6 months notice pay. You may raise a demand for it. The employer would need to clarify in its reply.



Don’t sign on dotted line, until you /your lawyer has examined the document carefully and also if you are not to get a copy. If you have signed but you are not given an original/authenticated/certified copy put that on record in writing. Your lawyer may opine that this document should be demanded.


The employer would need to establish the indemnity bond was drafted in lieu of what extra ordinary favor/training/ monies spent on you, justifying the demand of liquidated expenses from you?
You have mentioned that NO TRAINIG was given to you. Hence apparently company has not given any training to you in lieu of which it may ask for some liquidated damages.

The liquidated expenses are not necessarily to be paid on demand and may have to be proved by the employer.
It is a practice to demand legal expenses.

>>> DO you recall what was precisely mentioned in ‘Indemnity Bond’ placed before you to sign?
The so called ‘Indemnity Bond’ was produced before you along with appointment letter, after appointment letter?
Were you pushed to sign it citing something like that you need to sign it if you want to retain your job?
It is believed by the time you joined you had left your previous employment and had no option in hand.
Is it stated in so called ‘Indemnity Bond’ that employer shall also tender 6 months notice pay if it initiates…………………………..TERMINATION?

The contract of employment should promote equitable discretion or it can be easily termed arbitrary.

>>> If you were not feeling safe in office then it is matter of grave concern and HR should have initiated inquiry.
If HR personnel were also conniving with TL etc then appraise your lawyer and he may name these HR personnel in list of noticees…………………….
Jobs are hard to find so many of the employees including females might be tolerating the rowdiness of bosses………………………………….It is not necessary that everyone shall.
There are women organization women IT employees unions, IT employees unions, Trade Unions supporting IT employees to a great extent and can guide and support you.

>>> HR/Employer is asking for an apology for raising issues on ‘Work Culture’ etc since it is serious matter and job of TL,HR personnel, reputation of the employer might be at stake.
Your apology would save them from all of it hence they have decided to push the complainant into a corner and extract a resolution that suites them.
Your lawyer may opine that if you tender apology then you shall loose the handle that you might have.

>>> In the case of employees performing routine software development and data management work, it may be difficult to demonstrate that such work falls outside the definition of workman.
Your lawyer may opine that the software engineers were not employed in supervisory capacity they cannot be excluded from the definition of workman.
You must explain to your lawyer the exact nature and kind of work/tasks/assignments performed by you.

>>> In Gujarat the standing orders shall be applicable if 50 or more employees are employed.
It is not clear whether state of Gujarat has granted exemption from standing orders to IT/ITeS establishments.
You may also check if the company is a ’Small Enterprise’ or as a ’Commercial Establishment’ and is it located in SEZ? You may also go thru IT policy of Gujarat.
Your lawyer may opine that you should get covered by the definition of ‘Employee’ as in Gujarat Shops and Commercial Establishments Act and invoke this enactment.



>>> If you have some evidence then a smart lawyer can cultivate it into a winnable trump card.
You should consult a lawyer well versed with such matters, state laws, labor laws………………………..and proceed under expert advise of your lawyer.
testa (Querist) 01 April 2014
HI, Thank you very much for a detailed explanation. its really help full.

Indemnity bond had only the terms condition inside the appointment letter and Non Disclosure agreement Nothing else.We need to sign the bond after getting appointment letter as per company rule.Company can terminate the employee with out notice.if employee does not follow terms and conditions of company.There is nothing like paying 6 month salary if company terminates.
Kumar Doab (Expert) 01 April 2014
You have posted that:

“We need to sign the bond after getting appointment letter as per company rule.”
Did the company state it in writing in job. advt., interview call letter, selection letter, offer letter, appointment letter, HR policy/service rules and regulations in appointment letter , before issuance of appointment letter………………………………before asking you to leave present employment in hand and joining this company ………………………….?

Did the company provide the certified copy of HR policy/service rules and regulations mentioned in appointment letter?

The employer can ask the employee to serve the full notice period if there are unfinished tasks and if those are not completed employer may suffer some financial or other kind of loss and if employee is not willing to indemnify the employer against such loss.

In your case you had lodged a complaint, HR did not initiate inquiry (leave apart concluding an inquiry), the TL called you to intimidate by coercive tactics to declare ‘Absconder’ ( Absconder is a derogatory word), HR asked you in office for KT (which is implied consent for acceptance of resignation and perceived concurrence to episodes you had complained about) and you have completed KT (you need to affirm it in writing)………………………………

Since you had completed KT ( and tasks. YOU should claim it) as ordered by HR/employer etc………………..there was no loss to be suffered……………………………………..and there was nothing pending……………

Hence employer on its own without any tantrums should pay your earned wages, waive off the notice period, issue PF number, PF a/c slips, ESIC card, Form 16, acceptance of resignation, service certificate, relieving letter……………………….etc

Enough has been discussed.

Online discussions have its own limitations.

It is reiterated that it shall be appropriate to proceed under the expert guidance of your lawyer.
A fitting reply to the legal notice may put the matter on ‘SHUT UP MODE’ or bring the employer on negotiating table.
If the matter lands up in court of law you shall need to contest it on merits.

Finally; Rest is upto you and you may proceed as deemed fit at your end.
testa (Querist) 01 April 2014
Thank you very much for all the information
Guest (Expert) 01 April 2014
You are welcome.


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