Notice pay and release letter
Goapl Garg
(Querist) 06 August 2016
This query is : Resolved
Sir(s),
I was jobless and joined a company in distress at their terms wherein an appointment letter-cum-contract was given and signed copy taken back.It was one sided appointment-contart wherein service guarantee period was three years, employer could sack me with one months notice and I did not have any parting choice within three years.The fixed salary was Rs.25000/-pm
After joing I was paid 15000/- pm on the ground that first three probation months I will be paid 15K pm and thereafter I, if confirmed, shall be paid 3.00 lac divided by 14 months(as they would count year for 14 months, i.e. 12 months + two months bonus etc)The job also did not match to the profile given instead I was engaged in non-commercial work.I continued there for two and half months and found other suitable job and joined it without informing the existing employer as they would have created a lot of rukus which I saw them doing with any one at office.On being contact I simply told them I am seriously ill and shall not be able to join for at least 3-4 months. Now they telephonically ask me to submit papers with treatment records and settle for Notice Pay which will be surely three months salary., which is quite difficult for me.
Please advise me what is my position and what should I do ? I should have resigned properly but the way I found their ways and means, working and nature it was not a place to work with .
Regards in advance.
Kumar Doab
(Expert) 06 August 2016
You have posted that:
"joined a company in distress at their terms wherein an appointment letter-cum-contract was given and signed copy taken back.It was one sided appointment-contart wherein service guarantee period was three years, employer could sack me with one months notice and I did not have any parting choice within three years.The fixed salary was Rs.25000/-pm
After joing I was paid 15000/- pm on the ground that first three probation months I will be paid 15K pm and thereafter I, if confirmed, shall be paid 3.00 lac divided by 14 months(as they would count year for 14 months, i.e. 12 months + two months bonus etc)The job also did not match to the profile given instead I was engaged in non-commercial work........................................but the way I found their ways and means, working and nature it was not a place to work with ."
Can you explain what are these 'ways and means' that render the employer unworthy of being employed with.
Employee can always send resignation by normal post and copy later.
Did you get salary slips showing deduction?
Is the deduction explained in 'appointment letter-cum-contract'?
Did you ever ask or even in notice/resignation to handover the signed copy of 'appointment letter-cum-contract' and submit the unfair ways and means?
Why would you like to claim sickness if you are not sick?
Goapl Garg
(Querist) 06 August 2016
Dear Sri Kumar Doab,
By"Ways & Means" I mean :- It was a CA cum Consultancy Firm and I saw frequent attrition rate by other articles and employees who also wanted to part ways from the company because of the work culture/nature of the employers/owners but were not let off by not releasing them keeping withheld their formal release, showing threats of bonds, keeping their original documents, certificates withheld.I do not undermine any one but simply I can surely confirm that the employer was owner managed unprofessional company pretending to be fully professional and big organisation but after entry one realises that it was not so... and it also happened with me as with others.Me like others come and join them impressed with their physical set up, name but when start feeling dejected , majority started looking for other job which I also did.What other option our type of people have ? If we resign , the same is not accepted, face harassment, insult and we just leave without resignation, we are threatned with legal consequences which is also difficult for us.This is grim reality Sir in todays job market, but we have to survive. How can we fight with big people/employer and for what? we are simply white collar worker and we work to earn our livehood,..thats all.So please do not misunderstand me/us.
My other reply:
01 I was never given any salary slip, just simply cheques for probation period salary as 15K per month that even without any sign/receipt/voucher from me.
02 On completion of exact three months probation, I was not issued any confirmation or other wise.
03 I pretended to be ill as I was afraid of being asked for three months salary @ 25K per month whereas I earned only 15K for three months., and I was needed by them but I was engaged in routine audit, accounting, office work whereas I being analyst, was hired for valuation, M&A,consulting, projects etc.As they had enough related work but would try to confine the same to them only personally and just presented our profile to client and not used us for the same.So there was no point continuing or having any difference of opinion. Better levae for suitable place.
03 No deduction was explained in the letter and regular salary was 25K per month nett and verbally I was told by HR people that I will get less than 25K as they would consider year for 14 months.
I did as I got another relevant job with little better pay and surely in my relevant skill field and I am only apprehending step by them and I do not want or able to face any such step.
I just wanted to know what is my liability in such case and if at my employer can recover 3 months notice pay under such circumstances then what I should do ?
You can advise me if you trust me and believe that such practice is common and at least our type of young people face now a days.
Thanks & Regards.....
Kumar Doab
(Expert) 06 August 2016
The vigilant, alert, properly informed employee shall gather, build, consolidate evidence for defense and use at appropriate time in appropriate forum.
On which date/month/year did you join and leave?
What was your designation and nature of duties?
You were in which state?
Are your original certificates also withheld by employer?
Has any receipt been issued?
Are all affected employees willing to join hands and stand as witness to each other?
Rajendra K Goyal
(Expert) 06 August 2016
You have signed, accepted, and joined on the basis of agreement given to you. In such situation you are liable / seem to be bound as per terms of agreement signed by you.
You have not objected / represented in writing / on record the short payment to you. You have joined other firm and informed false that you are ill.
From the facts it seems you have acted more arbitrary than the company. Due to attitude of person like you, company has to form tough rules / adopt tough tactics / practical situation.
Merits seem to be against you.
However, contact local service law expert, show him all documents if any claim from them is filed against you.
Kumar Doab
(Expert) 06 August 2016
Expert Mr.Goyal is right.
You have erred.
Now you are concerned.
So far you have received inputs from both the stances.
The employer is chasing you and may resort to penultimate disciplinary action to terminate and press for liquidated damages.
Your able counsel may cultivate on some evidence that you have and term employer as unworthy of being employed with.
It seems to be certain that your escape from situation may not be easy.
You have not answered pointwise to my last post.
Goapl Garg
(Querist) 06 August 2016
Dear All Experts
Thank you for your support and counsel.
I would certainly contact local counsel with documents.I would also try my level best to reach an amicable result as our type of young-educated-job straved people face such things very commanly nowadays and we just can not protest sirs.This employer was surely resourceful but conservative, else even MNCs resort unethical practices.I faced such an embrassing situation in the past with one of the known IT-Financial Service Provider who took me off from other company, could not provide proper seating table, work station for first one month and most unfortunately desired me to develop software and do Excel Sheet work and have given me designation as Sr.Consultant & Analyst.I could do nothing but to leave them abruptly.How can you submit formal resignation on genuine /actual facts when you need to have formal release for next employer who always seek past reference.In one of the biggest software company of the country, I have seen at least 10-20% extra staff kep and kept without work just as "stepny" and they are called "Benched". Sir the life goes on like this......It was same earlier and seem to continue and we MIG-LIG junta has to survive....any way thanks for your guidlines...sirs.Bye
Kumar Doab
(Expert) 06 August 2016
It is felt that you do not want to reply to points inmy second last post.
Wish you the very best.
Goapl Garg
(Querist) 06 August 2016
On which date/month/year did you join and leave? = 12April2016 to 12 July,2016
What was your designation and nature of duties? = Sr Manger., Financial Modelling & Consulting.
You were in which state? = Karnataka
Are your original certificates also withheld by employer? = No
Has any receipt been issued? = NA
Are all affected employees willing to join hands and stand as witness to each other? = No sir, not at all.
Goapl Garg
(Querist) 06 August 2016
I was paid @ Rs 15K for three months by cheque, no covering, no voucher.
I left just on completion of first three months. No confirmation is issued so far.No termination is issued so far.Only HR seldom calls me for updation and lastly advised me to submit papers and tide over notice formalities . I do not wish to use their job period any where as I am now employed.I am not much afraid as such companies always extarct notice pay. You just can not charge them with their deficiencies as they are big people, have team for everyhting. If possible just tell me,
Is One sided contarct without any exit option to employee is valid or binding in law on employee?
Kumar Doab
(Expert) 06 August 2016
The notice period of 90 days may not be necessarily be applicable in your case.
While it may beneficial for employer, it may be detrimental for employee.
Don't conceal anything.
Get exit from issues properly.
If HR is willing then it can waive off notice period and liquidated damages by its sweet will and issue formal relieving documents.
Apply your skills or lean on your counsels.
Goapl Garg
(Querist) 06 August 2016
Thanks Doab Sir, May I converse you over phone ? if permitted plse share it in private message in box....Bye.
Kumar Doab
(Expert) 06 August 2016
Regret I am not available for lengthy discussion by phone/emails.
You may post in this thread or if conducive you may send a PM.
I shall try as much as possible, within constraints of time, understanding and other occupations.
adv.bharat @ PUNE
(Expert) 06 August 2016
NOTHING to be added.
Do as per expert advice you will be benefited.
