hi , can any one please me for this.
I left my company in month of May. The constant work pressure and stress lead me to be ill and signed off work.
As per the hr instructions I sent her an email regarding my bad health and hence will not able to work with you. Now I have joined other company. My former company has sent me warning to pay them one month salary and the balance salary which they paid me extra for the last month I had worked. They called up me and warned me that the legal notice will be hitting my door very soon. I was on probation period and left within 5 months of my tenure. But as per the appointment letter, the clause is mentioned that I need to pay them one month salary if leave after completing my three months in the co.
Please advice
From India, New Delhi
nothing wl happen. max to max they wont provide you with the relieving as well as exp letter....do you think they wl waste their money in the leagal things...? which takes age to give results in india?...dun worry....but, the only thing is u shud always leave on a good note , as this globe is very small and you dunno when u may need/meet your ex-collegues...you shud always give a proper exit....for that matter, u shud have paid the 1 month's basic or wteva as ur notice period...
tk cr...
From India, Mumbai
tk cr...
From India, Mumbai
Hi Kavya,
You Can Counter Repremand Them Saying You Are Waiting For This Notice To Officially Approach To The Labour Commissioner's Office To Complaint Against This Notice. Despite You Were On Probation You Are Forced For Notice Pay Is Unfair Labour Practice Under Labour Laws In India.
While On Probation No Notice Required To Resign Or Leave Organization Because Your Services Are Not Confirmed In Writting. Notice Pay Apply Only After Confirmation Of Your Services In Writting By The Employer.
They Will Runaway..............
Tamaro Nano Bhai,
Bad Looser
From Saudi Arabia
15You Can Counter Repremand Them Saying You Are Waiting For This Notice To Officially Approach To The Labour Commissioner's Office To Complaint Against This Notice. Despite You Were On Probation You Are Forced For Notice Pay Is Unfair Labour Practice Under Labour Laws In India.
While On Probation No Notice Required To Resign Or Leave Organization Because Your Services Are Not Confirmed In Writting. Notice Pay Apply Only After Confirmation Of Your Services In Writting By The Employer.
They Will Runaway..............
Tamaro Nano Bhai,
Bad Looser
From Saudi Arabia
I know this must a raw method to deal with the legal notice in such case, but I feel, donot accept the legal notice which you would recieve as a registered post and tell them that the person is not available or something you feel appropriate. As far as my knowledge says, if you donot accept the post, they cannot initiate the further proceeedings.
Seniors can add to this please.
Chandrasekhar Podugu
From India, Hyderabad
Seniors can add to this please.
Chandrasekhar Podugu
From India, Hyderabad
In my opinion if they send you a legal notice then company is a fool or the HR guys are not aware of the legal proceedings…Indian Labour Laws gives an equal opportunity to both employees and employers but the slight tilt is always towards the employees hence don’t worry for the same…..Maximum they can do is to send you a notice on a company letter …Pls don’t accept it……..Foremost they can terminate your services rather than giving you a easy exit or a relieving letter..hence be prepared for it….If you were on probation then as per legal rules you only need to serve one day notice… I am assuming company didn’t confirmed your services in writing and gave you a confirmation letter which was officially accepted and signed by you…..Few things I want to know from you.
When You had resigned ..Did you took acceptance of Resignation on your Resignation Copy..Is that copy with you…???
Since You had resigned on the Health Ground..Its a very valid reason in the court of law for not serving the notice period but for that you need a Medical Certificate..Can you produce that Certificate…
Hope you have emails or written copies of all the exchanges between you and the company…to support and vouch your claims…if you don’t have then you are in trouble..
Hence relax you are under no obligation for exiting the company…
From United Kingdom
When You had resigned ..Did you took acceptance of Resignation on your Resignation Copy..Is that copy with you…???
Since You had resigned on the Health Ground..Its a very valid reason in the court of law for not serving the notice period but for that you need a Medical Certificate..Can you produce that Certificate…
Hope you have emails or written copies of all the exchanges between you and the company…to support and vouch your claims…if you don’t have then you are in trouble..
Hence relax you are under no obligation for exiting the company…
From United Kingdom
In your appointment order if it is mentioned that you have one month or two months notice period after putting resignation then you are bound to continue there for the said period or pay them salary of the notice period or adjust the same with your Earned Leaves. Otherwise normally company deduct that amount from the gratuity or any other kind of accounts with the company. Its our company's rule. I don't know if it's applicable to others also.
From India, Ahmadabad
From India, Ahmadabad
Hi Kavya,
As far as I am concerned nothing will happen as the organisations dont have time to go for the legal proceedings. they will only go for these for the big & higher management. otherwise they will not wrangle themselves in such petty things. But if et all they do all these, this is a lien or stoppage on you to earn a better livelihood. even you can challenge it. & you do have a genuine case of ill health so no question arises out. Just produce a medical certificate & they can't do anything.
Similar case happened in my organisation which is one of the topmost business groups in India. & the person left very happily. The HR didn't do anything as he sent a Medical Cretificate along with his resignation letter & the person was an old employee (working for the past 2.5 years).
As far as I am concerned nothing will happen as the organisations dont have time to go for the legal proceedings. they will only go for these for the big & higher management. otherwise they will not wrangle themselves in such petty things. But if et all they do all these, this is a lien or stoppage on you to earn a better livelihood. even you can challenge it. & you do have a genuine case of ill health so no question arises out. Just produce a medical certificate & they can't do anything.
Similar case happened in my organisation which is one of the topmost business groups in India. & the person left very happily. The HR didn't do anything as he sent a Medical Cretificate along with his resignation letter & the person was an old employee (working for the past 2.5 years).
hi
gagan
thanks for the reply
yes i do have the communication emails with me. resignation was sent in terms of email as per my HRs suggetion. and i can provide my medical certificate to them also. i was on probation it was only 5 months i worked with them. i have signed only a copy of my appointment which they have with them. original appointment letter is with me.
one more thing should i do all these formalities before reciving any furhter notice from them.
thanks
kavita
From India, New Delhi
gagan
thanks for the reply
yes i do have the communication emails with me. resignation was sent in terms of email as per my HRs suggetion. and i can provide my medical certificate to them also. i was on probation it was only 5 months i worked with them. i have signed only a copy of my appointment which they have with them. original appointment letter is with me.
one more thing should i do all these formalities before reciving any furhter notice from them.
thanks
kavita
From India, New Delhi
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06b-Form VI-B (Notice of Commencement of Contract Work).pdf
Company Letter for Completion 01 Month Notice.docx