Agreement of Service

 According to your brief, the contract stands terminated by the contents of the e-mail exchanged. Accordingly you may respond stating that the contract stood terminated on ......date (quote email correspondence) and hence the question of any breach of any agreement does not arise.

I understand that your employer had opened a new division under the existing "company". Your employer was the "company". Later the "company" decided to close its "service" at the new division. If the communications relied upon by you deal with the closing of the service only It may not be treated as termination the contract of service. It needs to be seen whether those email communications can establish that you were discharged from the service or not.

Right Amardeep, they said, "we are closing the bank account as well, and there is no binding on you further".

This was replied in my request to them after we agreed to close services from new division, they also paid me due share of profit as final cheque. Since then there is no communication and no transaction from either side. they also refer me as analytics professional who used to work with them sometime back. S

o dont you think that they accept that i am no longer working with them and they dont have any issue if i indulge in other work activity. I am not on their payroll for last 7 months so how can they say i am their employee?

I believe that the demand notice issued to you would be to compensate for the notice period. Could you tell whether your communication had coveyed a desire to be relieved from the service after waiver of the notice period? If so, was the reply quoted by you in response to that request?

 Hi Amardeep,

Here's a part of communication with EMPLOYER, where I requested to pay due payments to me after we WE AGREED TO SHUT DOWN ANY PRODUCT/SERVICE/OFFER from new division and bank account as well. 

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Fine EMPLOYER

No issues, we can settle the payments later but other formalities (I don't think there is anything except closing analytics bank account) should be done before you leave for USA. As I can't be bound to NURC for 2 months. 

FROM EMPLOYEE

XXX 

Reply from EMPLOYER

 Dear XXX 

I hv checked with the Bank and your presence is not required for closing the CRA division account. We will do it in due course. So there are no bindings for you henceforth.

Best regards,

EMPLOYER

Dear RSH,

I don't think what is mentioned in the communication above can establish that you had expressed an intention to leave and the employer has waived your notice period. In this situation you can be asked to pay for the notice period. Not being on pay roll would not help.

Fine Amardeep. Consider this as well!

After few months of accounts settlement I have been referred to 3rd party, as their ex employee (In written, i have email) when third party asked about the services we used to offer.

From 3rd party

Hi XXX,

As you would find in the trail mail, we, ABC, are a training company and are interested in XYZ SERVICE (preferably monthly) for our organization.

EMPLOYER has given your reference. Kindly do let us know if you can help us in any way.

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From EMPLOYER TO 3rd PARTY upon enquiring about work we used to offer months back.

Dear RSH,

This communication only shows that you are no more working with that employer. It does not indicate that you had complied with the conditions relating to termination of the contract i.e. notice period.

Right Amardeep.

It shows that I am no more working with them and without pay for 7 months and they never about me.

I wonder what it means, please explain me what all this means?

Best

RSH

 Should I wait till agreement period is over? which means 60 months without pay!