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Shreechand Kumar (IT person)     28 October 2012

Court proceeding threat by small consultancy.

 

Dear Sir,

I got placed in one of UK based consultancy.  One of my friend referred me. They sent me to sign offer letter from their Indian office for employment in UK.
I signed offer letter citing all terms and conditions and joined UK office. To join them in UK, I resigned from my stable current Job in an MNC, I paid up, visa fee, uk govt fee, and all joining expenses (total approx 1 L, excluding my return fare). However living for one month (rent+ grocery+ travel) was to be paid by consultancy as per contract. I returned within 3 weeks due to medical emergency in order to support my grieving family with no intention to return for employment.

Now the consultancy firm is demanding me of huge amount (INR 4 lacs) as per employment contract terms & conditions via Indian Court. Also they have shown a way to sort out of court settlement with discounted penalty (pay them 1 Lac). I am unemployed and do not have money to pay. 

Below are few points which motivated me addition to medical emergency, to return:
1.There was no HR department who helped me anyway hear more about them.
2.I dint had employee id or employee email id or payroll account number. 
3.I was to get a contract job & give him 30 % of my salary each month (until I am employed by them) as their commission. I had to search a job, get a job, do the job and earn 70% before UK tax, and consultancy never helped in any way.
4.Consultancy never contacted to support me as his employee. This could have been motivated me to stay their despite family issues/medical emergency.
5.My consultancy did not applied for a National Insurance number as per UK employment law.
6.As advised by consultancy, I have to tell verbally to all employers/contractors that I was working in UK since last one year (as UK work exp is highly preferred). This was advised verbally on day1 only
7. Personally I believe they never care for their NEW employees. Whenever I tried contacted them in case of need, they never replied.

All these points and medical emergency compelled me to return.
I am now facing court proceeding threat from consultancy to claim more than 3 lacs as per contract OR pay up whatever they have incurred during my stay in UK for out of court settlement.

Please guide me. I do not have anything to pay them as I lost my job and I am not working anywhere due to volatile market. Thanks in Advance

Rgds

Shreechand



Learning

 1 Replies

JANAK RAJ VATSA (ADVOCATE)     29 October 2012

unless i see your appointment letter , it is difficult to advise


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