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resignation

(Querist) 18 August 2010 This query is : Resolved 
Dear Sir,
I joined a bpo company but due to illness i resigned after three month as doctor advised me for on month bed rest in that condition my manger forced me to join immediatly or resign. i resigned & sent my resignation letter to company on time along with my medical. Now after two years company asking to training exp. recovery & sent me legal notice through consultant (advocate). Kindly advise me what to do in this condition i have all document of my resignation along with speed post slip & courier slip.

they have mention the following clause.

if employee resign have to give one month notice period or one month notice salary. Company either recover training cost which up to 75000.00.

I have consulted service advocate he told me there is nothing legal they cannot recover the same as i m in probation period ( worked just three month )& have my all documents which show that the condition of resigned ( i.e my medical certificate, resigned letter sent to company along with courier slip & speed post slip).

advocate advised me that ignor this type of communication say postman they you have shifted any other location, need not reply.

Please suggest.


thanking you
saurabh thakur
R.Ranganathan (Expert) 18 August 2010
You have hot stated anything about the terms and conditions of your appointment with the BPO.
c n vittal rao (Expert) 18 August 2010
AS Mr Ranganathan points you have not revealed the terms on which u were appointed but as you did not resign voluntarily your former employer in my opinion does not have a good cause of action
Daksh (Expert) 18 August 2010
Dear Saurabh,

The two paramount things most important in your case are whether your employment agreement had the force majuere clause and read with the provisions of the standing orders of your employer you have a very good defence in your favour.

Last but not least whether you have till date made your employer to reciept of your medical advice in writing if not do it on ASAP basis.

Kindly enumerate the relevant terms of your employment contract in this regard.

Best Regards

Daksh
s.subramanian (Expert) 18 August 2010
Unless the terms of your employment contract are known,it will not be possible to give a considered and correct opinion.
Devajyoti Barman (Expert) 19 August 2010
Yes terms of employment is the key to proper advice.
saurabh singh (Querist) 23 August 2010
Dear Sir,
I joined a bpo company but due to illness i resigned after three month as doctor advised me for on month bed rest in that condition my manger forced me to join immediatly or resign. i resigned & sent my resignation letter to company on time along with my medical. Now after two years company asking to training exp. recovery & sent me legal notice through consultant (advocate). Kindly advise me what to do in this condition i have all document of my resignation along with speed post slip & courier slip.

they have mention the following clause.

if employee resign have to give one month notice period or one month notice salary. Company either recover training cost which up to 75000.00.

I have consulted service advocate he told me there is nothing legal they cannot recover the same as i m in probation period ( worked just three month )& have my all documents which show that the condition of resigned ( i.e my medical certificate, resigned letter sent to company along with courier slip & speed post slip).

advocate advised me that ignor this type of communication say postman they you have shifted any other location, need not reply.

Please suggest.


thanking you
saurabh thakur


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