You have posted that:
- “Or does he/she have to pay the sum as he/she has signed the contract. Note that its an employment contract and not a bond. “
The whole contract verbatim should be examined by an able labor law consultant/service matters lawyer/law firm and the counsel that has examined the contract verbatim can advise you the best.
What was the relationship;employer-employee or establishment-contractor?
Was any appointment letter, salary slips of all months,PF number,ESIC card,I/Card,group Insurance issued to you?
What are the monthly wages?
What is this establishment;Commercial,Industrial?
What is its line of business: e.g. IT,Banking?
How many persons are employed in it?
Does company have its certified standing orders (CO) and is your designation covered by CO…………….Or do the Model Standing Orders apply to it?
You were located in which state?
Redg. Office,your reporting office,coprporate office is located in which state?
What is the designation and nature of duties?
How many person were reproting to you and did you have any power to sanction leave/increment/apoint/terminate?
Are you a member of Employee’s/Trade Unios?
The employee should also observe some discipline and must not abscond and should submit resasonable notice of resignation, affirming to handover the charge and declaring that NO TASKS are pending at his/her end…………………………or atleast resignation…………………under proepr acknowledgment.
The employees that are not united are ill informed and succeptrible to exploitation and make blunders like this employee has made.
The employee should alaways retain access to ana able labor law consultant/service matters lawyer/law firm.
2. “Also he/she does not require the relieving letter.”
Even if he/she does not ………………….the service certificate,relieving letter, salary slips of all months,PF number,ESIC card,I/Card,group Insurance number, NOC/NDC ,Correct FnF statement showing earned wages/leave encashment/bonus/OT /adjustment of notice pay/penalties/loss etc clearly defined in it ,Form16 as per correct FnF statement etc….should be demanded and obtained.
3. Notice period/pay: is part of service conditions and governed by various enactments applicable to employer/establishment/employee and these enactment shall prevail upon any private agreement/contract crafted by employer and signed with employee.
The notice period of 90 days may not necessarily be applicable in your case and may be void.
4. Training: the training that is required to familiarise the employee with products/policies/staregies/systems etc of the company so as to enable the employee to ahndle the counters of the employer………………..has to be provided without any cost to employee.
It is sworn duty of the seniors to support juniors.
Aparently NO CERTIFIED TRAINING FROM SOME RECOGNISED ISTITUTION that added any qualifcation to employee was provided and as posted by you there was no training material in place.
5. You have also posted that no loss was caused by your separation.
6. If you have sent a notice/resignation by normal post you may attach the copy with your reply thru Redg. Post. The reply should be drafted by an able labor law consultant/service matters lawyer/law firm
7. Why did the employe abscond? Was there any rudeness,pressure, exloitation,extendede working hours without OT, supression of rights and demands,bad work culture etc……..?
You may reply pointwise to all points.
