Company claiming 1lac for notice period and 2lacs for business loss what to do?

Sorry I missed out to include that, they have given a notice which include "pay all the money and complete proper exit formalities otherwise we will file a criminal offence against you which include froud, cheating and discloser of company private information".

IT was in your hands to serve the full notice period..and/or to get acknowledgment/acceptance of resignation.

If you have not served then you might be having some compelling reasons!

You could have discussed in advance before resigning with Line Managers/HR personnel/employer and even next employer (if you have joined) and your counsels and or defer the next venture per outcome of discussions.

Notice period/pay is claimed as part of service conditions by the establishment as per your query.

Service conditions (Notice period/pay) is governed by various enactments that may apply to establishment/employer/employee…and provisions of the enactments may prevail upon any private document drafted/crafted by employer and signed with employee..

If in your case notice period of 90 days inserted in appointment letter is not applicable per applicable enactments then you may have a relief per applicable enactments or you may have to pay.

Business Loss; Per facts of the matter that are known to you and establishment…If NO loss is caused then you may contest…

Apply your skills; persuasion, persistence, reasoning, negotiations to resolve the matter in your favor..

The establishment/employer by IT’s discretion/sweet will can waive off the notice period/pay..and decide not to press the claim of damages/business loss……and close the case also if any.

Or approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record ….. and worth his/her salt …and discuss in person and even with seasoned employee’s/trade union leaders and proceed in best of your interest.. 

Check at LOCAL Labor Court/CGIT, Controlling Authority of Gratuity, School-Educational Tribunal, CAT, Civil Courts, HC,SC……..for such counsels..

While posting such queries employee should post basic information!

The claim is made by establishment in writing or by legal notice or matter has landed in court of law?

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Is there any clause on say;NDA, NC , etc in appointment letter or have signed any separate agreement on IT?

Have you completed exit formalities and have acknowledgment?

Is there any clause on Exit Formalities in appointment letter or any other rules/policy?

Do you have any asset of the company, data that can be staked as data theft?

Did you mention any reason in resignation (reason as expressed in your query)? Do you have copies of job advt/job application, interview call letter, selection letter, offer letter, joining letter, appointment letter any other communication that you were selected for some filed of expertise and later were assigned to some other field not in line with your qualification/expertise and you objected and asked for the field for which you were recruited/appointed?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

The company is in Gujarat, with 80 to 87 employees and it is "Embedded software" company. They have provided appointment letter, selary sleep, PF but not ESIC card. As I have not completed one year so I did not pass through appresal process and form 16 is not issued as I have leave the company in middle of march. In Appointment letter and in offer letter they have not mantioned any experties relates stuffs, thay just mention general "Software engineer " post.

I am actually at bottom level of the company. I do not have any rights to sension any leave or expences. There are no any person reporting to me.

Regarding resignation: Before filing my resignation I have already talked to my manager and also to my CTO regarding not-satisfaction with work they have provided. They first promisse me to release as soon as possible. After that I have mailed my resignetion with the same reason. Then after they nither accept nor reject the resignation. So, after seven days I didn't go back to company. As I do not want releaving letter or experience letter.

Regarding work provided by them: They provide Quaterly objectives document in which all work has been mentioned. After a quater we need to provide it back to our manager. Manager provides completion comment into that and keep it with them. In that, define training, prepare trainign, prepare documents, english skill improvement kind of work has been provided. There is no any software related or research related work has been provided. Actually I missed to mention that I am PhD person and they hired me for research. But that communication was verbal not in any letter.

Regarding harresment: In company there is no any rules to issue memmo. There is always a meeting with manager in meeting room. In that manager has used an un-usual words like..."Sale...beeep....PhD kiya hua he aur itana bhi nahi aate....kachare me dal de teri degree..beep...". I hope you understand meaning of beep over here. 

Regarding MoU: When I leave company about at (15th of march) I was not involve in any of project. They have not drop any mail or I have not signed any document with any of their client regarding assignment of any project.

Finally, when I leave company I have only I-card they have issued, after their rejoinder notice, I have answered that I do not have any of your tengible or intengible materials, no any document, not any software access. I only have I-card which I am giving back with this answer. 

In reply of that they again send a notice, as you have I-Card means you definitely have company docoment and all copy right materials, so come to office, pay all money and complete our exit formalities otherwise we will file a criminal case of cheating, theft, copy right violation. 

In lase answer they have also include the lawyers fees of 125000 which I need to pay. 

 Actually speaking I am not afried from the civil case they are about fo file for payment of notice period. I am afried about criminal case. After two month is it possible for them to file theft, cheating and copy right violation case?