Recovery against notice period

 

 

>>> As per extract of the offer letter posted by you:

 

 

---Notice period applicable for length of service 4 days by you/or till date of resignation by you is of 7 days.

You have worked for 4 days. Company has to pay you wages for 4 days, hence it should supply the FnF statement showing computation of payment of wages of 4 days, recovery/adjustment of wages of 7 days, thus should demand balance amount to be paid by you.

The question arises is your salary for 3 days is Rs.30000/-?

 

---It implies that notice pay in lieu of notice period is subject to acceptance of business Head!

Did your company supply you declinature to accept resignation/notice pay in lieu of notice period………………………?

Did it ask you in writing to serve full notice period?

Did it declare you absenting/absconding/abstaining?

Did it level any charge of having cased any loss?

Did you apply for leave and was it sanctioned/ declined?

Did you receive acknowledgment of company property submitted by you?

 

>>> The service certificate has to be issued to all employees.

Relieving letter is issued post all settlements by employee and signifies nothing is pending.

You have resigned and submitted company property.

 

>>> Resignation can be without permission or notice.

 

 

Provide answers to your lawyer and Let your local labor consultant/service lawyer structure your reply to the email and you may supply it by email and Redg. Post with AD.

 

Don't join a company if it does not suit you!

Hey, thanks for the reply sir. -no the company didn't supply me declinature to accept resignation. -it did not ask me to serve notice period. -it did not declare me absenting or otherwise. -no charges -I didn't apply for the leave. -i didn't get any acknowledgement for the company proprty submitted by me. They only contacted me after 3 weeks of resignation straight away asking for recovery money. and my 3 days salary would have been around 4000 INR.

Hey, thanks for the reply sir. -no the company didn't supply me declinature to accept resignation. -it did not ask me to serve notice period. -it did not declare me absenting or otherwise. -no charges -I didn't apply for the leave. -i didn't get any acknowledgement for the company proprty submitted by me. They only contacted me after 3 weeks of resignation straight away asking for recovery money. and my 3 days salary would have been around 4000 INR.

Reply the reason for leaving from the company, Just companies was threating the employees, because it will be an example to other employees, who have joined with you. Please be care in future. 

I had already stated the reason before as a family emergency.

Should I be concerned ? Can they take legal actions if I don't pay the amount asked by them ?

Meet along with elders of the family your Labor Consultant/Service lawyer, Employee's Union/Trade Union leaders and submit a fitting reply to the email.

Notice period is stated in:

---Standing Orders (Model/Certified) applicable to the establishment.

As per Model Standing Orders Sec13 notice period  during probation period is NIL.

---(Name of the state) Shops and Commercial Establishments Act;

In this Act of your state notice period applicable for 4 days of service may be NIL.

 

Let your lawyer go thru all of the docs on record and draft your reply to the email.

thank you sir.

I consulted a lawyer and would be drafting a reply accordingly.