recovery of notice period when employee has not given resign
Anuj Kumar
(Querist) 14 November 2013
This query is : Resolved
Sir,
I was on the post of accounts assistant, but from last six months, the employer started harassing me. He took over my routine work from me and starting handing over to others. I was used to do photo copies, collecting cheques from parties and for his personal works which was not my job. I was marked absent continuously for five months means one absent every month when i was on leave even when i had cl, pl, and sl leaves.
I was fully in distress and also made complaints to HR deptt. Verbally but all in vain, i take sick leave for one week via sending e mail, then i extend my leave for twenty days, after ten days of my e mail they send me e mail that leave is nit granted and said that u r availing unauthorized leave.
They send me two reminders to come to office but i had not gone and again send mail to extend my leave due to personal reason. Now they are sending a recovery of three months notice period amounting 45000 rupees.
I was helpless to abandone the job. I was mentally pressurized. Advise me now what should i do to avoid the notice period money. I the employer was public limited company in punjab
Anuj Kumar
(Querist) 14 November 2013
Plzzzzzzzzzzzzzzzz help experts, as i m really in need.
Devajyoti Barman
(Expert) 14 November 2013
Is there any job contract? What does it say about notice period?
In any case join a new job.
They would not pursue to recover the said money.
Raj Kumar Makkad
(Expert) 14 November 2013
It shall be better to go through the appointment letter/offer letter which might be containing the term for the notice period. A discriminatory clause cannot exist therein and if the same is enforced by management, serve a legal notice and then file a civil suit.
Anuj Kumar
(Querist) 14 November 2013
Sir, in my appointment letter there was a nitice period clause of three months. But it is not clear that notice pay is on basic salary or on griss salary. I have not resigned yet. Advice me, if they sue on me to recive three month salary what should i do ? Need expert help.
Anuj Kumar
(Querist) 14 November 2013
The company was a manufacturing unit in punjab and my net salary was 14900 per month.
Are standing orders applicable to said factory.
Can my liabilities minimize, i left the company as i was forced to do so. The employer is also harassing ither employees also. In there premises, the programme of interview goes on 365 days in a year. The comoany has too kuch labour turnover. No employee wants to wirk there. The envirinment is very bleak and stressful
Anuj Kumar
(Querist) 15 November 2013
help plzzzzzzzzzzzzzzzz
Rajendra K Goyal
(Expert) 15 November 2013
In private concern this is normal tactics to harass the employees. As advised earlier, try to change the job immediately. For notice pay full papers need to be consulted.
Anuj Kumar
(Querist) 15 November 2013
Deva jyoti Ji,
plz advise as you are online now
Anuj Kumar
(Querist) 15 November 2013
conclusion has not got yet
Akhilesh Kumar
(Expert) 15 November 2013
Dear Anuj, Don't be afraid,Nothing will happened to you. As I understand that you have left the job in leave period without serving 3 months required notice which is non compliance of the terms of Appointment and it is only the liability from your part. In my opinion you should reply their letter/notice first stating all those facts and happenings taken place during service tenure.As I assume that you have not taken any training from the company upon which expenses made by the company neither any bond executed nor your job required any professional training. However, you also need to confirm that in Letter of Appointment what is notice period for the company in terminating your service which i guess it will be certainly less, if it is so then it will be your major ground as arbitrary and dominant clause. Therefore, you need not to worry just reply the letter bearing in mind that you did this because the company is also in breach of terms and the job profiles.
Anuj Kumar
(Querist) 15 November 2013
A lot of thanks to Mr. Akhilesh Kumar Ji,
Your answer has given me relief.
There is bond and had no training by company.
One thing more sir,
Should I resigned by e mail or not yet.
Akhilesh Kumar
(Expert) 15 November 2013
In reply of their letter of recovery of notice period you should mentioned that you don't want to serve more in the organisation reason being the work place is not employee friendly and when you required leave the company has mentally tortured you a lot during leave period. Reply should be in writing of email or on hard paper. If they have not sent the notice yet then you should write an email to the company stating that as the company is unable to grant you leave and threaten you for termination hence you want to discontinue the job.
Prithvi Raj Sikka
(Expert) 15 November 2013
In reply give details of not serving the organisation and try to shift to other job.
Prithvi Raj Sikka Advocate
=919811054562
Lawjuris09@gmail.com
Anuj Kumar
(Querist) 15 November 2013
Once again thank you Akhilesh ji and Prithvi Raj ji. I will definatly do as per your advice tomarrow. From one my past collegue, i was aware that the company has made a recovery letter of 45000/- as three months notice period pay. I will e mail to company as per your advise.
But can company take legal action against me and will make me liable to pay such huge amount ?
Anuj Kumar
(Querist) 15 November 2013
There was no bond agreement and no training provided to me. I was forced to work against my designation. My job duration was two years and six months. Till in this period, they have not provide me any job profile. Directors made me do work as per their wish and i have proofs of such acts. I was in pressure and they have made me totally disturb by brain. My head of department has told me do as per directions of director.
prabhakar singh
(Expert) 15 November 2013
Are bhayee Anuj ji !
Banarghudki jaante hain naa tau vahee chal rahee hai kahe ko pareshan hain.Chain se soyeye.
Humko ek pm ka jawab dena hai.
Anuj Kumar
(Querist) 16 November 2013
but i need answer sir ji
ajay sethi
(Expert) 16 November 2013
contact Dhingraji from LCI . he is an expert in service matters .
Akhilesh Kumar
(Expert) 16 November 2013
Dear Anuj,
Any one whether Company or Individual has right to file a case or made complaint against any one.But whether case sustains or not depends upon the facts and circumstances. We have tried best to suggest you on the basis of your case. There is clear breach of the terms of the employment from your side. Now what can't be undone should not think about. Therefore, at last I would like to advise you, that reply the recovery notice with your strong grounds. If you don't want to pay the notice period then you should take services from the Local lawyer.Every services can't be provided at this forum.
Anuj Kumar
(Querist) 16 November 2013
okay and thanks
prabhakar singh
(Expert) 16 November 2013
Mr. Akhilesh Kumar is right.
And what i suggested you earlier that chances are bleak that Company would file
any suit for such a small amount,not that it can not file.
Raj Kumar Makkad
(Expert) 16 November 2013
You need not to be worry about this issue as nothing is going to happen as anticipated.
Anuj Kumar
(Querist) 22 November 2013
The company has send me letter to recover three months salary as notice pay what should I do now?
ajay sethi
(Expert) 22 November 2013
reply to letter . deny that Rs 45,000 is due and payable . state facts of your case in detail . take help of local lawyer
