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Deep Rawat (SEO)     28 November 2014

If i am liable to be sued by the company?

I have been working with a company since past 5 months and haven't got any joining letter from them or anything else that proves i work in that company except for thumb print, email id, id card and camera recordings.

I didn't sign anything with the company regarding rules etc.

And the salary structure there was, they pay 10 or 12 days after the completion of the month. I received previous month's salary on this 14th and left the job there without giving any notice because i didn't knew that i have to give a notice for the same. It was my first job.

And i left the job just by giving a resignation to the head of company through email as there was no HR in there.

Now that company is threatening me to sue against me for leaving the job and asking me to come and work there for a whole month as notice period which i didn't gave to them before leaving. They are asking me to come and send all the data to the next person in charge of the work there after me. But i already send that data to the head of the company daily as included in my work reports in emails. 

So what i am trying to ask here is if i am liable to be sued by them or not?

Please in detail can anyone explain me?



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 1 Replies

Kumar Doab (FIN)     30 November 2014

If the communications by company are all verbal, record the calls/meetings (audio/visual).................and gently explain that no appointment letter detailing T&C e.g. notice period/pay was ever issued to you and hence it is not applicable to you........................your earned wages were not paid on pay day ...............and that you have already handed over the charge to Mr/Ms..................and supplied the requisite details by email and this you have already explained to Mr/ms.....................who called on you on dated.....................and that nothing is pending at your end....................and  request to supply by redg. post the acknowledgment  and aceptance of resignation,service certificate,relieving letter,FnF statement correct and original,Form16 as per correct FnF statement,Payment of FnF dues by bank DD only,PF number and a/c slips,salary slips of all months,ESIC card,NOC/NDC, within next say 7 days..........

Thereafter you may submit minutes of discussion....................in writing under proper acknowledgment...........  

 

 

You might be very well covered as perdef. of 'workman' as in ID Act,'Employee' as in (Name of your state)Shops and Commercial Establishments Act.........................and you can approach the Inspector appointed under these Acts, and also Payment of Wages Act,O/O labor Commissioner........

 

The employees make a blunder by not forming unions,internal councils,works comittees etc....

The 'Works Commitee' as in ID act is an authority and President can be from employee's side and such committee can take up such matters with employer.....


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