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company asking one month salary to employee who left the job

(Querist) 21 November 2014 This query is : Resolved 
Hi sir,
We were Been working in call center more then 6 month in which we never got appointment letter from company but at time of interview they told us we need to serve 2 month notice before leaving the job which was typed on a4 size page not any bond or any contract and we signed on same, and we left the work because of wrong behavior from the CEO with our friends specially girls taking all girls to party in which no boys and also whoever boy speaks with any girls he use to get terminated from work in which girl don't have any problem. Coming to boys, boys were made to work for 12 hours which never been told us at interview only 9 hour shift been mentioned and one hour break which was never given to non smoker boys only it was being given to smoker, and worst part in state call Goa is whoever complaint against same company to labour court goa the same person use to get terminated on a next day for silly reason and there many other bad habits of that CEO which going to add this writing may go long so that's it.

Now whoever left the job without notice period of 1 month before they mention 2 month have got show cause notice letter at address stating that we need to pay one month salary to the company according to act shops and establishment 1973, and also legal action been taken against us.

Please help us what to be done .

Letters Been sent to more then 50 people now we made a group of 15 people including girls and boys from goa remaining few boys and girls from manglore.

Please suggest the steps for the letter which is sent at our adress or to fight against that CEO of company.
Advocate M.Bhadra (Expert) 22 November 2014
It is depends on the offer letter or service contract you had from the company,it may be mentioned one month notice as you said.Seems the company was liberal to relieve you early ( may be they have their own reasons for not letting to serve the notice period) with pay.
hemant (Querist) 22 November 2014
While at time of interview on letter of indent they gave us on which mentioned 2 month and on the show cause notice letter which sent us at register address on 18 Nov 14 on which it mentioned 1 month if we don't inform the same to company then they will legal action on us also need to pay one month salary to company.
ajay sethi (Expert) 22 November 2014
it is doubtful that company will take legal proceedings to recover one month salary . legal expenses will far out weigh the recovery of 1 month salary dues . you ought to serve the notice period as mentioned in your agreement with company
Devajyoti Barman (Expert) 22 November 2014
Ignore the letter or reply it through a lawyer. Any legal action from the company is unlikely.
Shailesh Kr. Shah (Expert) 22 November 2014
I have replied your query on your first thread.
Rajendra K Goyal (Expert) 22 November 2014
Repeated:

http://www.lawyersclubindia.com/experts/left-job-without-resignation-period--508756.asp

http://www.lawyersclubindia.com/experts/left-job-without-resignation-period--508751.asp#.VG8ygouUen0

http://www.lawyersclubindia.com/experts/left-job-without-resignation-period--508746.asp#.VHBSv4uUen0
Sunil S Nair (Expert) 22 November 2014
Best do as best advised by Respected Adv. Barman all of you who have issues with CEO should come together and serve notice to him for any other help you can take help of Police or his higher official but collectively taking a stand will be proper in this particular situation
Dr J C Vashista (Expert) 22 November 2014
No reply for repeated query.
hemant (Querist) 24 November 2014
Hi Sunil thanks for reply can u please tell if we serve notice now in that case there are some people who left the job in moth of august and the company started sending letter in November so he has a right to give full and final for day which we work extra and experience letter for same or need to wait for 1month company,
T. Kalaiselvan, Advocate (Expert) 25 November 2014
Even in my opinion, the company may not go ahead with the proposed legal action, they may just issue a notice to give a threat so that if somebody who is frightened may pay back the demanded amount. In case of notice, you may give a proper reply.
V R SHROFF (Expert) 25 November 2014
Repeated:?? then no reply


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