(Guest)

Notice period pay issue

Respected Sir,

I joined a company based in bangalore on 9th april ,2012.The work involved in this company was to make ISD calls to US based clients.When this company came for recruitment to my college, they said that because the work involved night shifts, they will provide us exemption, i.e instead of working all night from office, they said we can work till 7-30 pm from office,and the rest we can work from home.Nothing regarding all this was mentioned in the appointment or the offer letter.As the work progressed, I came to know that the company is not providing me basic resources so that I can work from home, i.e. internet and other devices that are required to make ISD calls.When I told them strictly that I cant carry out the company's expenses from my side, they were pressurising me to buy an internet connection as soon as possible otherwise they would take actiona gainst me.I was pressurised a lot and finally due to such pressure I was forced to resign on 26 april 2012.Now my boss states that according to the contract that I have signed,there was a notice peiod of 2 months,and that I have to pay 2 months of my salary that amounts to 25000 INR to him.There are some brief points:

-The company had holidays on saturday and sunday.So during my tenure from 9 to 26 th april, i worked there for about 14 days , from which 2 days i was absent.Hence i went to the company for about 12 days.

-The company did not open any salary A/C for me.When I asked that how would I get my salary, I was told that since the company is a small company of less than 10 people, IT IS NOT LEGAL TO OPEN SALARY A/C.

-Also there were no other benefits like PF, gratuity

-There were no records i.e. id card entry, register entry,biometric entry etc that show that I had worked with th company fo about 12 days.

-They just issued me an email-id ,which i used for office work,and now they have blocked it.

-I havent recieved even one salary from the company

-They say that it is a registered company, but I doubt it.

Also the contract which i signed clearly states that if any body wants to leave the company then they would have to issue a 2months notice period or have to pay 2 months of salary if they leave before the notice period and it is vice versa for the company also.I have also read somewhere that notcie period is not valid on trainees, only on employees.In my appointment letter/offer letter ,there is nothin mentioned which states that I am an employee or trainee.But yes its mentioned -OFFER OF EMPLOYMENT.

Now my boss is threatning me that either I pay 2 months of salary that amounts to 50000 INR or else he will take legal action against me.I have already told him that I cant afford to pay so much , as i am not even an employee, but he refuses and is threatning me that he wil take me to the court.Please help me in making me aware about my rightsand whether any legal action can be taken against me or not.

Please sir, I am in great need.Help me...

Reply Follow

7 Replies

Kumar Doab (FIN) 05 May 2012

You have posted that:

--"When this company came for recruitment to my college, they said that because the work involved night shifts, they will provide us exemption, i.e instead of working all night from office," "Nothing regarding all this was mentioned in the appointment or the offer letter."

You should have protested that terms of appointment as discussed and finalised are not expressed in writing in appointment or the offer letter.

--"they were pressurising me to buy an internet connection as soon as possible otherwise they would take actiona gainst me." You should protested/agitated in writing under acknowledgment. Employee can ask for atleat an advance/imprested cash.

--"I was pressurised a lot and finally due to such pressure I was forced to resign on 26 april 2012."

You should have submitted notice of resignation. If you were forced to write and sign resignation with immediate effect, you could have withdrawn it by email, fax, telegramme, followed by letter thru redg. post., stating it was acquired by company by force/presure within company premises. Thereafter you could have lodged a complaint with O/o Labor Commissioner and even police.

You may approach a competent and experienced service lawyer, show all documents, and let your lawyer correspond to put the things in order for you. Alternatively you can approach the O/o Inspector, Labor Commissioner with a competent, experienced, eldery well wisher and lodge a complaint.

Company can always waive off the notice pay. Or you may settle the issue by agreeing to adjustment of 14days salary in FNF statement and waiver of notice pay for 2months-14days.

--"They say that it is a registered company, but I doubt it."

Read 2(u)

You may verify with Inspector (read 2k), whether Your Organization / establishment is exempted { read 3,3(b)}under the Act by the State of Karnataka.From Inspector you shall get correct information.

--"if any body wants to leave the company then they would have to issue a 2months notice period or have to pay 2 months of salary if they leave before the notice period and it is vice versa for the company also."

Read 39. Notice. It is mentioned as one month.

--"There were no records i.e. id card entry, register entry,biometric entry etc that show that I had worked with th company fo about 12 days."

What is provided to you"Offer Letter" or "Appointment Letter"? Offer letter is issued after selection and once the offer is accepted, and candidate joins, appointment letter/order is issued.

Read 6A

Kumar Doab (FIN) 05 May 2012

SE Act Karnataka is attached.

Attached File : 536182039 karnataka%20shops%20and%20commercial%20establishment%20act.pdf downloaded: 126 times

(Guest)

Respected Sir,

Thanx a lot for replying to my query.But just now I came to know that this company is not a registered one.I searched on Ministry of corporate affairs website to know whether this company is a registered one and i got no results.The link is

https://www.mca.gov.in/DCAPortalWeb/dca/MyMCALogin.do?method=setDefaultProperty&mode=31

From above link I gotto know that company is not registered.This clearly states that the contract becomes void that I had signed with the company.(Please assist me if I am thinking wrong)

Also I would like to know that You said that I can withdraw my resignation, but what is the time period within which i can apply for resignation?I resigned on 26th april 2012.Also sir, the file you attached is not opening, i humbly request you to mail me at abovethesky1987@gmail.com (if possible).

regarding offer letter and appointment letter, both were issued to me together and that too after 4 days of my joining, i.e. I joined on 9th april 2012, but i got my offer letter and appointment letter on 13th april 2012, (that too after I asked for it so many times).

Also regarding salary , I have just worked over there for 12 days and the salary for those days is not provided to me.So i dont have any salary slip.

So , overall, can the company take any legal action against me?

Please rep...

(Guest)

Sorry sir, in the above query i wanted to ask you the time required within which I can apply to withdraw my resignation , and to whom should I apply to??pls rep

Kumar Doab (FIN) 05 May 2012

The file is attached again.

The link is:

karunadu.gov.in/karnatakachildlabour/.../...

https://karunadu.gov.in/karnatakachildlabour/ChildLaborLawsRights/Karnataka%20shops%20and%20commercial%20establishment%20act.pdf

You can download from goole search also.

You should have withdrawn your resignation immediately.

The website https://www.mca.gov.in may give erratic results. You may meet the Inspector in person.If the company is not registered you may get some handle to negotiate.

It shall be appropriate to show all your records in person to a competent and experienced service lawyer.

Attached File : 536257261 karnataka%20shops%20and%20commercial%20establishment%20act.pdf downloaded: 110 times