Dolon 26 February 2018

Employer forces to serve notice period or payment

Hello Experts,

I had joined an IT firm on January, 2018 & attended 2 days in office. Before joining the firm(1 day before travel), there was a family member loss happened(my own grandmom passed away) & I came back to my hometown Kolkata due to family situations. After returning due to the extreme bad current situation of family & my own health, I resigned from the company & sent the resignation letter to manager & HR via email & formally registered post mentioned no company property was due with me e.g. company laptop, ID card, IT tools etc.
Now, the company HR person has started to threaten me to serve either 2 months full notice period or pay 2 months basic salary which is pretty high since I had subsequent medical expenses & I didn't receive any pay for 2 months from them. I dont have that much money to pay. My current health & family situation does not allow me to travel back to Bangalore & serve 2 months notice period. I already requested on the same to the company but still they're threatening me to take legal action against me.

Please suggest.

Thanks & Regards,
Dolon

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3 Replies

Kumar Doab (FIN) 26 February 2018

While posting such queries employee should post basic information!

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?

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……………?

Kumar Doab (FIN) 26 February 2018

Perspectives; Don’t remain entangled with HR personnel if they are not providing any relief and submit a gentle communication under proper acknowledgment to good offices of appointing authority, MD,CEO narrating the hardships due to sudden loss of family member requesting to waive off the notice period/pay…….

Record the threats being made to you..

Dolon 12 March 2018

Hello Sir,

Thanks for your answers. Please find the details.

What is this establishment; Commercial, Industrial?

IT commercial

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

How many persons are employed in it?

5000+

What is your designation and nature of duties?

Technical engineer , software dev

How many persons report to you?

None

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

You are in which state?

West Bengal, company is in Bangalore.

Since how many months you are working?

3 days I worked & attended the company

Are you under probation period or your service is confirmed in writing?

Should be in probation. The company dont have any probation

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?

2 months from begining.

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

Never

Does the establishment have its appraisal system?

May be

Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance? No

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

I submitted the resignation 1.5 months back by email as well as sent the resignation through registered post. No company belongings I have with me. I was non-billable while I joined.

I requested multiple times to the company regarding my hardships for the family member loss, financial contraints. I just worked for 3 days in that company. Still the employer is harassing me & threatening me.

I mentioned them that I can pay max 1 months notice pay since I just attended the company for 3 days. But they still are threatening me to pay 2 months notice or serve full notice period.

Can they take any legal action against me? I cant travel to Bangalore in this situation, should they file case in Kolkata? Please help.