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Discussion > Labour & Service Law > Employment > Legal action against not serving notice period   Unanswered Threads Post New Topic

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There are 3 Replies to this message


Manohar Paswan


Developer
[ Scorecard : 26]
Posted On 29 March 2012 at 15:33 Report Abuse

Hi,

I was working in a IT company for last 20 months. I resigned from there on 14th of march 2012 for a notice period of one month. They accepted my resignation to be released on 14 april 2012.

Now I have joined somewhere and not able to serve my notice period. I have informed that I am not able to serve the notice period for my personal reason for that I am sacrificing my 16 working days salary additionally my notice period salary.

They replied me that we are in the process of legal action against you by email here is some part of  "Due to your absence , we are in the verge of cancellation for those projects and giving huge amount of refund to clients which we will charge against you and you have to compensate the amount . As it was clearly mentioned in your appointment letter that you cannot give 1 month salary against your notice period . "

Also I got some phone calls from mobile number I didn't recieve them. Then I got text message saying that I am from P S and I have a complaint against you from your offiice, contact me, twice.

Please advice me. Do I really need to pay for that? What should I do now?



Kumar Doab


FIN
[ Scorecard : 20017]
Posted On 29 March 2012 at 17:07 Report Abuse

You should have waited for another 16 days. You should approach a competent and experienced service lawyer, with all record and give inputs in person. Your lawyer shall defend you. Company shall have to issue you notice /legal notice and file a case to recover their loss. Companies do exert pressure in such situations so that employee come running to them.

You may check the termination clause in your appointment letter. If employer can terminate by tendering notice of termination or notice pay in lieu of it, same is implied for employee.

Lodging a complaint with police is one thing and proving the charge is another thing.

Company can charge you for having caused loss and they have issued a statement by email to you. Company shall have to prove the loss with proof of refund. These clients must be those who were in touch with you. You can apply your resources discreetly and confirm if they have obtained refund, and obtain a confirmation even if by email in case no refund is obtained as on date of email sent by company.

For the SMS received by you, you can ask your lawyer to talk to the person and if the person is actually a Police Official, send your lawyer to police station and obtain copy of the complaint and check if it entered in register of police station on the date of complaint/ next day and relate it to the date of SMS. If the facts are otherwise the person is impersonating as police official which is crime. You can also check with police station under whose area o/o your company falls, to confirm, if any complaint is submitted and obtain copy of the complaint. You can apply your resources in mobile telecom company and o/o Police commissioner and find out in whose name the connection is issued.

 You shall have valid and strong residence to approach Police Commissioner and charge the police official and company. You can even report the incidence to Home Minister. This shall build enough pressure on the company and in specific whose name appears on the email sent to you.

You may check the SE Act of your state, certified standing orders of the company, and relate the notice mentioned with notice period as in your appointment letter. Certified standing orders are to be displayed at the entrance, and may be kept at HR page of employee portal/intranet of the company, and may be available with some old employee of the company. Employee can obtain these and employee rule book from concerned HR personnel/HR Head.

It shall be appropriate to approach a lawyer as ap.


Manohar Paswan


Developer
[ Scorecard : 26]
Posted On 30 March 2012 at 17:16 Report Abuse

I went up to meed the police station I got the text and call from. He(the officer Incharge) scolded me and gave threat that he will ruined my carrier. Then my director came up thee and told me to give in written that I am going to serve my ramaining notice period from next working day and will be released on 26th of april 2012. And I did that. They also told me that they can relieve me before that date If i finish the pending work of my project.


Now I don't know that wheather i am going to loose my new job or. But being straight I told all this to my new company and I dont know, decision is all in their hand now.

Anything I need to take care of In those days I am going to serve again. Please advice me.

Thank you.


Kumar Doab


FIN
[ Scorecard : 20017]
Posted On 30 March 2012 at 20:46 Report Abuse

Is it the job of police to call an employee to police station and extract a written statement to work despite having resigned? If you can muster courage to agitate you may approach a competent lawyer. Do you have the copy of written statement taken from you? Obtain it from your director. Obtain a written letter that company shall pay you salary for ..............days and all other allowances as mentioned in your appointment letter and your relieving date is………….

If you can not you may request the company you have joined to allow you.................days ( as much you require) and cancel the offer letter if any issued to you and issue fresh offer with joining date after ......................days.

It shall be better to finalize another job with some other company.

You may become member of some trade union or social groups. There should be somebody to accompany you and defend you in future. If you have someone influential they can defend you now also, and accompany you to Police commissioner, and Labor commissioner. But this shall be your fight.

Take your decision as it suits you.



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