Legal notice to pay compensation_ need more time to pay
Thennarasu
(Querist) 12 December 2015
This query is : Resolved
Dear Law experts,
I have worked in an Indian IT company for about 8 years. I recently resigned my job.
There are two issues.
1. 3 months notification period.
I served one month and paid for the other two months. So it's kind of not an issue.
2. Compensation for onsite processing expenses.
My ex-employers sent me to US for 20 days on Business visa and they asked to sign a contract stating that I would stay with them for 6 months once I am back from US otherwise will pay 2.5 lakhs as compensation.
Unfortunately I couldn't stay with them for 6 months after my return so I resigned. They informed that they wont provide relieving order before I pay the final settlement. I agreed to pay the amount but I requested HR to give 6 months time to pay the amount. In the meantime I have received legal notice from my ex-employer to pay the amount within 15 days. I am not in a position to pay the amount in 15 days, I will need at least another 3 months to pay up.
Since I have received the legal notice, should I respond to the sender (advocate) that I need 3 months time?
Or Can I just ignore the notice and wait for 3 months and pay the amount?
What are the consequences I may face if i choose to ignore?
I will highly value your legal advise on this.
Thanks in advance.
Regards,
Thennarasu
Kumar Doab
(Expert) 12 December 2015
You may show the copies of all docs on record starting from job advt,job offer,appointment letter,HR policy/service rules and regulations etc mentioned in appointment letter, communications exchanged before making an offer for business VISA, agreement signed by you, work done in US/Billed amounts for your work/revenue generated/expenses incurred for VISA etc, resignation submitted by you,FnF statement supplied to you showing adjustment of notice pay/leave encahsment/OT/bonus all playables/NOC-NDC/relieving letter etc , legal notice .............................to able counsel specializing in labor-service matters..............and give inputs so that your counsel can advise you merits and remedies.
Do you have copies of all these documents?
As far as notice period/pay for 90days is concerned you may post:
your designation and nature of duties, state in which you were posted, location of Redg. office of the company and your reporting office, number of person employed in compnay, does standing orders apply to it and does it have its certified standing orders......................etc and then ascertain if notice period applicable to you is 90days or max. to 30days.
You may prefer to reply to legal notice thru your bale counsel and avoid replying on your own.
Nadeem Qureshi
(Expert) 12 December 2015
Dear Querist
If you are ready to pay and only need time then immediately issue a reply of this notice and demand the six months time to pay the amount, the company will consider your reply and will give you the time because every company know that there is only one another option which is file a civil suit for recovery before the civil court which may take more then 1 year hence company will be agree to give you the time.
Feel Free to Call
Rajendra K Goyal
(Expert) 13 December 2015
As huge amount is involved, consult local lawyer, show him all the documents. Reply the legal notice legally through your lawyer.
Kumar Doab
(Expert) 13 December 2015
Agreed with Expert Mr. Goyal.
Your counsel can build sufficient ground to put the matter on permanent shut up mode/recover any excess payouts collected from you.
Thennarasu
(Querist) 15 December 2015
Thank you all for your guidance.
Much appreciated.
K.S.Srinivas
(Expert) 16 December 2015
Give a reply to the legal notice through a lawyer.
T. Kalaiselvan, Advocate
(Expert) 23 December 2015
Consult a local lawyer and first give a reply notice stoutly denying the allegations as well as the commitments. The grounds for denial shall be decided and drafted by your advocate.
In the meantime, you may negotiate with the company top brass unofficially to permit you to settle the amount by giving you time to do it or if they dot agree and file a recovery case in the court, you may either contest or make arrangement to pay the amount before the court itself.
There are ways to get things done in your favor but plan and execute them.
