Dear Kumar ,

 

Details of my employment with your query answers  :

 

I have joined the organization on 11th Aug 2016 Thursday, 

Friday (12th Aug 2016 ) also I was in office. End of the Friday I got to know they are not ready to give the project while discussed in the interview time, so I felt bad and decided not go office. 

 

16th Aug I have informed I am going to my home town due to some personal reason. 

 

18th Aug I sent a email I am not able to continue my employment. 

 

On 31st I got full month salary, and I have sent email to give acc details to return my salary amount. 

 

They sent details and I have deposited full amount whatever I have received. 

 

After  so many months they are sending legal lawyer notice to pay recovery amount 60k. 

 

Below are the answer to your query ,

 

1. What is this establishment; Commercial, Industrial?

Ans : Industrial (Software company )

 

1. What is its nature of business say; IT, ITeS?

Ans : ; IT

 

1. How many persons are employed in it?

Ans : More than Lac employee (Big organization )

 

1. What is your designation and nature of duties?

Ans : My designation  is Lead engineer , duties are individual contributor ( Software development ) (not assigned any responsibility while leaving the job as I was not more than 2 days in the office )

 

1.  How many persons report to you? Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

Ans : Still I have not assigned any project so no one reported  me ( I am not sure what they are thoughts to give as a power as I am not assigned any particular project work )

 

1. You are in which state?

Ans : Karnataka ( Bangalore ) (India )

 

1. Since how many months you are working?

: I joined organization on 11th Aug 2016 , after 2nd day I got to know they are not giving the project what I have discussed in the interview time (Not documented in the in the offer latter or interview call letter ,it’s all telephonic cal ,in the face to face they discussed the project )  

 

1. Are you under probation period or your service is confirmed in writing?

Ans : Yes I am under probationary period when I was send a resignation email .

 

1. Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Ans :  both the side we need to pay in case not complete the notice period .

 

1. Which is fixed pay day? Has salary not been paid on pay day? Has salary slip been issued and supplied? What is monthly salary?

Ans : Yes  , monthly salary , they provided salary slips and FNF settlement latter as well .

 

1. Has company issued any notice on closure of company?

Ans : you mean company  is closed notification ? if that is your question my ans is no , company still running .

 

1. Do standing orders (model/certified) apply to establishment and your designation?

Ans : Yes CMMI level 5 organization .

 

1. What is notice period as per appointment letter/offer letter and what was notice period tendered by you?\

Ans : 3 Months .

 

1. Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Ans : No ..( I was only 2 working days in the office )

 

1. Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date?

Ans : NO ..( I was only 2 working days in the office )

 

1. How was your performance?

Ans :  I was only 2 working days in the office so no performance discussion happens .

 

 

1. Are you a member of employee’s/trade unions?

Ans : No

 

1. Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per

 

Ans : They given , offer letter, appointment letter, salary slips and FNF also form 16 .

 

1. correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

Ans : Yes ,they given details in the FNF settlement latter also mentioned recovery amount 60000 RS as a notice period recovery amount .

Please let me know in case further information required , also please help me out what steps i need to take as i have received lawer notice last week .

and is thier any imapct to my carrier for this ,i am very much scared for this .

 

Thank you so much your help and spending some your  valuable time to resokve my query .

 

Can you please suggest me..

In future act responsibly and transact in writing and under proper acknowledgment.

Get into the habit of consulting elders of the family, competent and experienced well wishers, seasoned employees’/trade union leaders, a  very able local senior counsel of unshakable repute and integrity specializing in Labor/Service matters and having successful track record… and act wisely.

ID Act does not lay down notice period for employee.

State Shops & Estbs Act ; notice period inserted by employer is not favorable to employee…

State has notified for the Grievance Redresaal Committee….You could have taken the help. You had a the reason also.

Standing Orders; In said state establishment s of your trade are exempted…..

 

Perspectives:

In current and future employments the current/next employer are at liberty to absorb you despite the said termination in last employment. Your rapport, goodwill with bosses/employer can help you and protect from any action in any circumstances.

If you have concealed the said 8days job (2days job as per your post) then IT I suggestible and suggested that any employee should not conceal and rather explain during interview and employment applications and keep copies.

The issuance of appointment letter, submission of resignation, termination is a matter on record.

As already posted current and next employer can still absorb the employee, even if during BGV the matter comes up.

Your skill, rapport, goodwill, value to establishment can help you.

 

Since you did not revert to few notices supplied to you the establishment’s HR/Legal cell has followed IT’s SoP and has handed over the matter to IT’s lawyer to issue legal notice as per appointment letter/notices sent to you/FnF statement etc ….

You have the option to explain the matter to HR head/Line Mangers/competent employee to take decision in your matter/ employer and request to call back the said legal notice and termination and accept resignation….and waive off the notice period. By refunding the month’s salary you have shown the good conduct/character. IT may help you to explain the matter and resolve in your favor.

 

Since you have posted in the beginning that you are a poor guy the establishment may indeed waive off the notice period/pay and close the matter.

Or handover the mater to employee’s/trade unions that are available in states where you were located and are located now………….and they may represent you and help to close the matter..

Or approach the senior officials of Dept. of Labor and close with their help………

Or handover to a very able local senior counsel of unshakable repute and integrity specializing in Labor/Service matters and having successful track record, and your counsel may successfully close the matter outside the court or in court if IT lands up in court…..

Or pay the money being demanded and later approach the court for relief ………….and under expert advises of your counsel……

IT shall be better to consult with your LOCAL counsels and act after understanding all options……. In future be properly informed and act wisely as suggested..