LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

suraj (SW Prof.)     29 May 2012

It company absconding case legal action

Hi,

I Joined an IT Company on 5th and I got another best offer and I left the first company without any notice on 13th March. My manager called me on 14th and I said him that I cant resume my service.

After this incident, the HR person keep on calling me and I never picked any call. They e-mailed me regarding my unauthorized leave and I replied them that I am unwell and cant resume my service. They asked for the medical documents and I never replied to that e-mail. Finally on 23 March they logged an Involuntary Exit in their system.

 

Now, after 2 Months I got an Acknowledgement letter from them. It says,

 

Hi,

As per our record, an amount of RS. 60,000 needs to be recovered from you. Please send a DD in favor of XYZ to below address.

 

Thanks,

ABC

 

* I never signed any Service Bond on the date of joining.

* My Basic Salary was 27,000 and as per policy, if I leave in provision period (within 3 Months) I need to pay 1 Months basic salary and after that if I leave then I need to pay 2 Months basic salary.

* I Dont want any service certificate or experience letter from this company.

1) Why in the letter No Break-up is written?

2) What if I ignore this letter?

3) What legal action an IT company can take if the employee stay absconding and doesn't pay the notice period amount?

4) If this compamy asking money for notice period, then why it didnt paid me for the 10 days that I went there.

 

 

Please suggest me what should I do.

 

Thanks.



Learning

 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     29 May 2012

 

 

Dear Querist,

 

This is just an empty threat – you are not liable to pay anything more than 1 month salary to them, in default of which they can file a civil suit for recovery against you. This legal notice should be replied to, otherwise it’s contents may clinge to you. Make an offer to pay 1 month salary lawfully due to them as F & F

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     29 May 2012

Dear Querist,

 

This is just an empty threat – you are not liable to pay anything more than 1 month salary to them, in default of which they can file a civil suit for recovery against you. This legal notice should be replied to, otherwise it’s contents may clinge to you. Make an offer to pay 1 month salary lawfully due to them as F & F

Kumar Doab (FIN)     29 May 2012

If you have decided to pay you may first ask to supply the FNF statement in writing.If FNF statemnent is erratic, you can point out the errors and reject to accept the erratic FNF statement.You must also negotiate to supply you the work experience/service certificate, relieving letter with no adverse comment.No adverse noting in your personnel file hence no negative feedback in case of reference check etc.

The HR which is asking Rs.60000/- has to explain how this amount is calaculated as due towards you.

Notice period seems to be 1 month.Notice pay is @ basic pay. Basic pay is Rs.27000/pm.Salary for 10 days of service is to be disbursed.

If you have to pay then you must obtain everything that is rightfully yours.

Yash Chowdhury (Others)     26 July 2012

Hello,

I joined an IT Company on 18 and decided to quit the company due inappropiate work culture (no shift allowance/no pick and drop/etc), I last visited the office on 24th. I verbally resigned from the services and mentioned them i am ready to pay 3 month consolidated basic pay but they are  now they are threating to blacklist me at nasscom and case of abscounding if i don't resign on papers.They may get me entangled under this clause of seperation below. Can they take me by the court of law?Can they blacklist me at nasscom.Can I join a company at the end of those 5 days mentioned in the clause. Please suggest

But as per the Seperation of service cause

"In event you decide to leave the servicesof the Company,ushal be required to give 90days notice period in writing to the company, of your intention to do so. Company reserves the dicretion either to relieve u only at the end of 90 days notice period or accept ur resignation at any time prior to the expiry of the notice period.Comapany may terminate ur services by givivng u 90 day notice period orsalary - Consolidated basic salary in lieu of notice period.  However, if any time u commit a breach of this agreement or are found guilty of misconduct(including absence without leave,violation of the company's rules, regulations,policies .and/or Code of Professional conduct) ,or conduct yourself in manner calculated  to bring company or its employees into disrepute, the companyreserves the right to forthwith discharge u from service without notice or salary in lieu of notice. U agree that if u are on unauthorised leave for a period of more than 5 working days, it shall be deemed as a voluntary resignation of ur service without notice and u shall be lialble to pay the company salary - consolidated basic salary - in lieu of notice period. For purpose of this clause "unauthorised leave taken without the approval of ur reporting manager.

At the time of seperation from company ,you will ensure thet the assest,document and intellectual properties of the company in your custody and/or under your charge,including any powet of attorney(s) issued by the company in your favour are returned intact to the company and u will forthwith vacate the co. accomodation, if any,provided to u"

I am not holding any assest, document or responsibility of the co.

Please help me out in dealing this.

Kumar Doab (FIN)     26 July 2012

@Yash,

Kindly start a new thread always.

Has the company issued appointment letter to you? What is mentioned in the notice period, notice pay, termination clause?

You have been in the company for 6 days.

It is felt that if you were recruited as a trainee there should be no notice period.

If you were on probation period 3 month's notice period is not reasonable.

You should mention the reasons for leaving the company in your resignation letter and narrate your experience and verbal resignation communicated to company.

You may submit a letter to this effect and put the date of verbal resignation and send it by redg. post addressed to your appointing authority.

You may send a follow up email.

You should demand correct FNF statement and affirm to pay as per correct FNF statement.

Refer to SE act applicable to your state.

SE Act for Delhi is enclosed.Read Notice of Dissmissal.

 

 


Attached File : 1069925912 delhi shops & establishments act, 1954.pdf downloaded: 617 times

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register