Employer threating to drag employee to the court

As posted by you THIS ONLY document issued to you should be carefully looked into.

If you wish to attach copy of communications, appointment letter kindly erase the names etc to maintain the confidentiality.

If company has not included notice period/pay it is not applicable to you.

Employee should always tender some notice and grant some time to employer to put his house in order.

Instead of having blind faith on cunning line managers/HR/Directors it is always better to consult elders in family, competent and experienced well wishers, lawyer/law firm, and proceed under expert advice.

If company has stated after probation period your services shall become confirmed if stated in writing, and if no letter of confirmation has been issued, you are not confirmed.

In addition to the Industrial Disputes Act, 1947, several states also provide for compliances under the Shops & Establishment Acts, Standard Standing Orders Act…….. So, if the employee falls within the definition which has been provided under the enactments, then he would be protected up to that extent.

Your establishment might be registered under Shops and Commercial Establishments Act of the state, and must have displayed the registration certificate near entrance on notice board.

This act is applicable to all employees.

This act puts notice period to max. of 1 month.

The amount claimed by company is what? Has it issued any demand in writing?

Is the company claiming any loss caused by you and has it issued any stinker/show cause notice etc?

You may reply to company and narrate the minutes of discussion with Director and conclude that you have resigned on dated…………….as per demand of the Director, to resign with immediate effect.

You may raise demand for unpaid wages and relieving documents as required by you and request to supply these in say………days.

In case you re not able to handle the matter on your own, you may approach a competent and experienced labor consultant/service lawyer, show all documents, give inputs in person and proceed under expert advice of your lawyer.

Let your lawyer’s opinion be final on all points discussed in this thread.

For your complete information in this regard, I hereby attach all the communication that took place between me and my HR, Please go through them & kindly suggest regarding my further action

Sent: Saturday, March 16, 2013 7:44 PM
Subject: Resignation Letter :Reg

Dear Sir/Madam,

This is to inform you that I am submitting my resignation from the post of AX Technical Consultant at Affordable Business Solutions, Bangalore based out of Madurai.

Thank you for your support and guidance during my tenure in the company. Please accept my resignation and as discussed ,proceed with the exit formalities.

Thanks & Regards

Dear Bharat,

Your re-leaving formalities will be carried out as per the terms and conditions of your appointment order and the final clearance will be given to HR Department accordingly after meeting out the required clauses.

As discussed, you are hereby requested to report to duty on 18^th March 2013 (Monday) at our Bangalore Office without fai 

Thanks & Regards,

Dear Bharath,

Further to our meeting & discussions on relieving formalities, I have not heard from you till date, nor you are answering our calls.

 Pls be informed that we shall wait for next 2 days to hear from you failing which we shall initiate the legal notice to your provided residential address.  We will also be able to track your presence and intimate that location as well, be it a institution or company.

Do treat this as an reminder and revert back immediately.

 Regards

Dear Madam,

With reference to your mail received on 03rd April 2013, I would like to mention the following points.

1. Since I am in a secured environment, I cannot use my mobile phone for any communication. Hence I request you to communicate to me only through mails.

2. In concern to my relieving formalities, I was awaiting your mail, as discussed with Mrs. Veena during my visit to Bangalore office, containing all the information in this regard for last 15 days. Since I did not receive any formal mail from Affordable Business Solutions, I could not continue any communication. Kindly do the needful.

Awaiting a speedy response.

Regards

Dear Bharath,

Pls note on submission of your resignation and further to our meeting , I had summarized the following and email to your official id.

 Anyways, pls find the points discussed.

1.      To accept your resignation and relieve you from the formalities, you will have to serve the notice period of 90 days and pay back the training cost.

2.      We had assigned you on a new project @ pune, travel arrangement were confirmed to you. You will have to repay the travel costs as we were not intimated on time and had to cancel the air ticket

3.      Certification charges borne by the company will have to be repaid

4.      If you are not willing to serve the notice period, you will have to repay the notice period pay as well.

5.      Total charges to be repaid is Rs.75,400/- (Training charges – 35k, Certification charges- 4.2k, Airfare- 6.5k, Notice pay for 3 months – 29.7k)

I shall look forward to hear from you at the earliest.

 Regards

Dear HR

As informed to you earlier during my personal meeting with you, I discussed with one of the higher officials about my resignation plans. I indicated to him about my new job opportunity and my willingness to serve the notice period if any. Because I was told that I can get relieved immediately, I tendered a formal resignation (E-mail dt: 16^th March 2013) to my cell manager and to the HR and proceeded with the new opportunity.

I would like to state here that during my tenure with ABS, I had always performed my duties with utmost dedication and commitment. The hard work that I had put, the late hours that I had worked for innumerable days, the accolades that I had received from my supervisor, orally and via -email, stand testimony to this.

So, I request you process my relieving letter and full and final settlement, if any, immediately.

Thank You.

Yours faithfully,

Dear Bharath,

To accept your resignation and relieve you, you will have to serve the notice period of 90 days and pay back the training cost.

Alternatively, you can repay the incurred costs (including the notice period pay) as explained to you in detail and I could initiate the formal relieving process.

Would like to hear from you immediately.

Regards

Dear Bharath,

Please refer my reply mail dated 16^th March 2013 for your resignation mail and I have clearly told that the relieving formalities will happen as per the terms and conditions of your appointment order.

Moreover you have committed and given in writing that you will serve with ABS at least for 3 years and the record is available with HR.

As the cell manager I never agreed to get relieved immediately on the same day (that too on week end i.e. Saturday)  i.e. 16-03-2013 and you are suppose to serve for the notice period and you have to pay back the training cost.

Please go through the earlier mail of our HR Department and repay your liability without fail.

 Thanks & Regards,

Cell manager

Dear Bharath,

 We have waited to hear from your end till date. Please reply on receipt of this email failing which we shall initiate our process with a copy to your present employer.

Regards

HR

You claimed that some senior official of the company asked you to resign with immediate effect you have not mentioned that notice period and notice pay shall be waived off. You have not contested the other charges being levied by company. You should explain your stand on each amount claimed by company and each charge levied by company.

Company has claimed it has in its custody an agreement signed by you to remain employed with company for 3 years. Did you sign any such agreement and did the company provide any certified copy of such agreement to you? If company did not you have not demanded the copy now also!!!!!!

Incidentally company has not quoted or charged any penalty/damages arising out of such agreement in list of amounts claimed by it from you.

What is this training expense? Did the company provide you some specialized training leading to some certification/degree/diploma of a course providing additional qualification, some extra ordinary/exceptional skills?

Was this training provided to familiarize you with products and processes of the company? Company should provide such training without any cost to employee.

This official of the company has stated that you were informed that you have to resign as per terms and conditions of the appointment letter.

Obviously you do not have any waiver of notice pay/period on record in writing and there is a dispute.

The company does have your residential address in record but it is stating that your latest address (employment) shall be tracked and it shall approach your latest employer. You need to object.

Your current employer does not owe any amounts to past employer and is not a party to dispute, hence contention of past employer to involve current employer may be termed coercion. This action of past employer may result in defamation/loss of credibility/and even loss of employment.

While the past employer can approach appropriate forums e.g. court of law, the current employer is neither an appointed arbitrator nor police nor court of law.

It is felt that you may agitate on contentions of past employer to approach your current employer and remind/caution them to communicate at your last address given by you while in employment or vide resignation letter or by subsequent communication or you may provide an address for communication now……………

You also need to either agree upon paying the amounts claimed by past employer or decline or then contest it.

Either the past employer or you shall have to be first to issue legal notice and approach court of law. Your past employer is aware that courts may not pass all expenses being claimed by it and 3 year agreement being quoted by it hence the coercion and threat to entangle you thru your current employer.

Before the situation becomes ugly you may take your current employer into confidence so that it stands by you. If you succeed with current employer you would be able to protect your employment.

You should obtain copy of the communication of past employer to current employer.

The current employer may choose to remain silent or may snub past employer by a blunt communication thus putting the transaction on SHUT UP MODE, or may even issue a stinker/memo to you or it may ask you to leave your job.

Let us assume that your current employer keep you employed, would it deter the past employer to issue a legal notice or peruse court case?

The jurisdiction of courts may be your last location/HO-Redg. Office of the company/Corporate Office of the company/jurisdictional courts as stated in appointment letter.

Designation alone does not decide employee is a workman or not.

Your lawyer may ask you a set of structured questions and may opine that you fall within the category of a workman.

You may go thru Model Standing Orders, Shops and Commercial Establishments Act………thoroughly and the clauses on Notice of Dismissal etc……

You may approach a competent and experienced labor consultant/service lawyer, show all documents, including appointment letter, 3Y agreement, Shops and Commercial Establishments Act, Standing Orders, give inputs in person and proceed under expert advice of your lawyer.

Let your lawyer’s opinion be final on all points discussed in this thread.

Attached.

Technically speaking your are trapped by documenting wrongly. This shows you are in training for some time and then you are leaving. But mainly if they don't have registration with labour office then they had it. you an report this to labour officer and then see what is their reaction. but you may loose your jb since you are doing against an employer.

Technically speaking your are trapped by documenting wrongly. This shows you are in training for some time and then you are leaving. But mainly if they don't have registration with labour office then they had it. you an report this to labour officer and then see what is their reaction. but you may loose your jb since you are doing against an employer.