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Hari (ENGINEER)     10 August 2010

Reg. Notice Period & Releiving Letter

Dear Sirs / Madams,

I am having a doubt regarding Notice Period in a company during Training Period.

I will say the situation. I have been recruited as a GET during April 2009 & results were out by May 2009 with Offer Letter. My college insisted in sign in the xerox copy of offer letter. So I signed & my college sent to the Employer. Employer asked me to join by October.

Later the HR called me & postponed my joining date.

Ok. I wil come to my situation.

Due to my family situation & other alternate job opportunities, I need to quit the present company by March 5th 2010. SO I gave the resignation letter on 22nd Feb 2010. My manager accepted it & wrote , relived as per norms & gave to HR.

When I was about to speak with HR people, they were making me to DOdge til the last day i.e March5th. They made me to stay for more than 12 hours doin nothing. They wil say that they wil speak with me at 6. Delay still further til 7 & say that they wil speak tomorrow.

FInal day, March 5th , they said that 1 month notice is reqd. But i couldnt do anything. Also the total CL for me is 12. I have taken only 3.5 in the 6 months, remaining 9.5 is pending.

As per Appointment Letter.

They have asked to serve one month notice period & all the stipends earned during the training period.

At this stage the HR asked my all the 5 months salry & also asked me to serve for 1 month. I told it is difficult for me to continue. They he told that, I can go from the company. & No Problem will come. Also he assured that Relievin Lettr wil be given in 1 months of period.

But after 1 mointh, when I contacted him reg reliving letter, he told that I am violating from norms and asked to stick to norms. Then I received a letter from him after 45 days (april 20 2010) asking me to join within 7 working days. I replied him, that as I am struct elsewhere due to my personal problems. Icannot meet him at that time. Asked him to do the releiving procedure & settlement. I received no reply from him.

After 2 months by Mid June, He sent a legal notice, asking me to pay all the  5months salary earned. as  i diddnt serve one month notice period. ALso , he mentioned that I joined in a diff company using the companying trianing, but the situation is that they didnt give any trianing and have directly put me in projects.

 

I gave a reply notice through a lawyer stating that " Engineer has been recruited as engineer trainee & much payments haven't been made. Also no training was given to me, but was put in projects. Also the new company where i joined, asked an eligibility of fresher & not experienced. So we cannot pay the 5 monts salary. Also resignation letter was given 13 days ahead.

 

Kindly say me the consequences reg this.

 

Regards

Hari



Learning

 2 Replies

Arvind Singh (Sr. Manager-Legal & Taxation)     10 August 2010

Hi

Dear in my opinion the suggestion of a lawyer is very much vital as it is now in legal proceedings. So pls take the advise of a lawyer abt this.

Regards

Arvind Singh

Advocate

Hari (ENGINEER)     11 August 2010

Sir thanks for the reply.

I am in touch wid lawyer sir.

But I want to predict the future consequences..

 

Kindly portray de consequences sir


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