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Vats (IT Professional)     02 April 2015

Legal notice for not serving notice period

I joined one IT service company XYZ, and was sent to client place immediately after joining. After a service of 3 weeks (which comes under probation period of 9 months) I resigned from the company, as I was not happy with the service environment and got a better offer, serving a notice of 1 week. Now the company has sent me a legal notice asking me to pay gross salary of 3 months + Rs 3 Lakh as damages caused as I left suddenly (although I mailed them my resignation letter and returned all belongings like laptop and badge etc).

I don't want any relieving letter or experience certificate from them. I have following questions:

1. The legal notice came on a plain paper with no stamp but only signature from advocate. Is it a real or a fake legal notice?

2. During probation period my notice period was 1 month, but still they are asking for 3 month notice period as this is client's notice period. Is it fair/legal?

3. Do I need to reply the notice letter immediately?



Learning

 8 Replies

Kumar Doab (FIN)     02 April 2015

HOPE YOU WILL TAKE THIS POST POSITIVELY!

 

 The rowdiness of bosses is not a new or unknown thing to lawful authorities and Law and courts.

 

 

Once again the question arises: “Why Employees continue to suffer with such tantrums/transgressions by employers and their CRONIES/ATTRONIES in Line/HR Managers????

Because Employee’s find it shameful to unite, form unions/Grievance Redressal committee/Works Committee, affiliate with trade unions, retain access to an able Labor Law Consultant/service Matters lawyer/Law firm!!!!!!

Majority of the employee are ill informed and ill informed employee is susceptible to exploitation.

 

 

 

Your able Labor Law Consultant/Service Matters Lawyer/Law Firm may like to go thru the language of job advertisement, job application,interview call letter,offer letter etc, break up of the salary mentioned in etc….verbatim………………and even your communications by email……………. For building favorable written record use at appropriate time in appropriate forum.

 

 

 

 

 

 

 

 

You may reply pointwise to each point:

1. To whom you have addressed all emails, INCLUDING resignation by email ?

 

 

What is the notice period tendered by you, in resignation sent by email?

 

You have posted that  notice period stated in appointment letter issued to you, is 30 days?

 

 

Is it clearly stated that notice period during probation period is 30 days? Or it is not clearly stated? Or is it stated that notice period after confirmation is 30 days? Or is it stated that service conditions (including notice period/pay)  shall be applicable as per HR policy/Service Rules and regulations ,mentioned in appointment letter?

 

 

 

Did you sign any other agreement/document before being located to ‘Client’ and if yes do you have its copy?

 

 

 

2.    Are you a member of Employee’s/Trade Unions

Does your company have any GRC (grievance redressal committee) and ‘Works committee’?

 

3. What is your designation and nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?


4. What is your salary: Basic,DA……..etc and total.

5. Was salary slip of each month, PF number and a/c slip of each year, ESIC card,Form16 issued to you?

 

 

6. You were located in which state? Your reporting office was located  in which state?

 

 Regd. Office of the company is located in which state?

How many people are employed in the company?


Does the company have its CSO (certified Standing Orders) and does it cover your designation or do Model Standing orders apply to it?

 

 

The company is registered as: Commercial or Industrial establishment?

 

 

7. You have mentioned that you were not happy with work conditions at ‘Work Place’?

Why were you not happy?

Did you ever verbally or in writing expressed the reasons to your bosses at Client’s location and in your employer?

 

 

You may reply pointwise to each point!

 

It may be possible to revert to your query.

Vats (IT Professional)     03 April 2015

 

Thanks for your reply. Please find my answers embedded here with >>>>

 

To whom you have addressed all emails, INCLUDING resignation by email ?

 >>>> To the two founders/directors of the company. One of them was my immediate manager.

 

What is the notice period tendered by you, in resignation sent by email?

>>>> I mentioned that I am resigning with immediate effect.

 

You have posted that  notice period stated in appointment letter issued to you, is 30 days?

>>>> I was serving probation period when I resigned. I was told by my manager verbally that notice period in probation period is 1 month. 

 

Is it clearly stated that notice period during probation period is 30 days?

>>>> No. In the offer document there is no mention of any notice period.

 

Or it is not clearly stated?

>>>> Not clearly stated. In fact notice period was not stated at all in the offer letter.

 

Or is it stated that notice period after confirmation is 30 days?

>>>> I was told by my manager verbally that notice period during probation was 30 days and after confirmation 90 days.

 

Or is it stated that service conditions (including notice period/pay)  shall be applicable as per HR policy/Service Rules and regulations ,mentioned in appointment letter?

>>>>> No this was not mentioned.

 

 

Did you sign any other agreement/document before being located to ‘Client’ and if yes do you have its copy?

>>>>> In one of the employment documents that I signed, it was mentioned  that I need to serve client's notice period, but there also it was not mentioned what exactly would be client's notice period. I was not provided a copy of the document.

In another document which I signed directly with client it was mentioned in one of the clauses that if contractor want to stop his service to the company, he need to return all the assets to the company, which I already did. That's it, nothing else was mentioned. 

 

2.    Are you a member of Employee’s/Trade Unions
>>>>> No.


Does your company have any GRC (grievance redressal committee) and ‘Works committee’?

>>>>> No.

 

3. What is your designation and nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?
>>>>>> Designation: Software Engineer. Duties: mainly related to testing of codes. No person was reporting to me. No such powers 

4. What is your salary: Basic,DA……..etc and total.
>>>>> I would prefer to send it in private communication. Let me know your email address.


5. Was salary slip of each month, PF number and a/c slip of each year, ESIC card,Form16 issued to you?
>>>> No

 

 

6. You were located in which state?

>>>> Karnataka, Bengaluru

 

Your reporting office was located  in which state?

>>>> karnataka. Bengaluru

 

 Regd. Office of the company is located in which state?
>>>> Karnataka, Bengaluru


How many people are employed in the company?
>>>> ~15

Does the company have its CSO (certified Standing Orders) and does it cover your designation or do Model Standing orders apply to it?

 >>>>> Not sure. But they never displayed it anywhere

 

The company is registered as: Commercial or Industrial establishment?

>>>>>> Not sure. 

 

7. You have mentioned that you were not happy with work conditions at ‘Work Place’?

Why were you not happy?

>>>>> 1. I was sent as a contractor to client's place although I didn't had the permit to enter or work there for 2 weeks. This means I had to request everyday to somebody within the company to let me in(this included one day waiting for 3 hrs just to enter the premises). Even after entering the building I was not given access to project area so I was simply sitting (for 8 hrs) during this 2 week period. This started my inner dissatisfaction. 

2. The internal environment was heavily politicized as there were two competing vendors who were sending there contractors to the client. Since I was the only one in the team from this vendor (XYZ), I was isolated and was not included in many team discussions/activities. This increased the mental pressure further and I realized it would difficult to sustain here.  

 

Did you ever verbally or in writing expressed the reasons to your bosses at Client’s location and in your employer?

>>>>> Yes. I complained about the 1st point but they said the process here is slow. 

 

Let me know in case any further query is required.

I still have few queries:

1. The legal notice was sent on a plain paper with no stamps or notary sign/stamp. It just has advocate's sign. Is it a valid legal notice?

2. Do I need to reply to the notice immediately?

3. I was in probationary period when I resigned. Asking to serve 3 month notice period in probationary period, is it fair?

 

 

 

 

Kumar Doab (FIN)     03 April 2015

Answer to your questions: 1. It can be. 2. You should tender a fitting reply and it may put the matter on ' Shut up' mode or you may have to contest it in court. 3. It is unfair. If you wish you can answer the unanswered points by PM.

Kumar Doab (FIN)     03 April 2015

Apparently you seem to have a good case.

Still it shall be appropriate to show all docs on record.................and reply to legal notice after all docs and all inputs are examined by an able Labor Law Consultant/Service Matters lawyer.

 

How the loss claimed as caused by you is assessed and calculated?

Vats (IT Professional)     03 April 2015

Thanks Doab for your valuable reply.

They have not shown any calculation on how the loss claimed is assessed.

Can you please refer any able Labor law consultant in Bengaluru with whom I can discuss the matter.

 

Thanks

Sujoy

Kumar Doab (FIN)     04 April 2015

It is felt that some more inputs by you for your query in this thread, and some more information might be possible in this thread.

 

There are some points that you did not want to answer in this thread............but by personal message

You may send a PM. After getting your PM if some more input is possible it might be shared with you...........that you can share with any lawyer of your choice.

 

While you send a PM don't forget to send the weblink to this thread and title of your query as in this thread...............as it is not practically possible to remember all threads.

You may also send your contact details by PM. If It is possible then some lawyer may be suggested.

You may note that you shall have to settle your terms, fee etc with your lawyer on your own.

FREDYCHARLES RK - Bangalore (Advocate)     05 April 2015

you have good merit on your side subject to your averments. Dont get bogged by Legal notice and the demand for 3 lacs + 3 month Notice period, Just reply gently and with coolness. Give a detailed account of the sh*t you need to undergo by waiting out for 3 hrs for pass. It is the duty of your employer and HR to make sure you are treated like dignified human being and a representative of your company.

2. Request a detailed breakup of 3 lacs damages + 3 month pay from your PM and HR as per the policy 

3. Highlight the contract of 1 month notice period

Were your visa applied by your employer? Did you sign any clause where in the event of breach you are liable to indemnify?

Let me know if you are in Bangalore, you can reach me .

 

T. Kalaiselvan, Advocate (Advocate)     05 April 2015

The members have addressed your query very well.  You may issue a reply notice fittingly denying the false allegations and  averments.  Consult a  local lawyer and proceed as per his advise on all such further issues.


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