Respected Sir,
I joined a company based in bangalore on 9th april ,2012.The work involved in this company was to make ISD calls to US based clients.When this company came for recruitment to my college, they said that because the work involved night shifts, they will provide us exemption, i.e instead of working all night from office, they said we can work till 7-30 pm from office,and the rest we can work from home.Nothing regarding all this was mentioned in the appointment or the offer letter.As the work progressed, I came to know that the company is not providing me basic resources so that I can work from home, i.e. internet and other devices that are required to make ISD calls.When I told them strictly that I cant carry out the company's expenses from my side, they were pressurising me to buy an internet connection as soon as possible otherwise they would take actiona gainst me.I was pressurised a lot and finally due to such pressure I was forced to resign on 26 april 2012.Now my boss states that according to the contract that I have signed,there was a notice peiod of 2 months,and that I have to pay 2 months of my salary that amounts to 25000 INR to him.There are some brief points:
-The company had holidays on saturday and sunday.So during my tenure from 9 to 26 th april, i worked there for about 14 days , from which 2 days i was absent.Hence i went to the company for about 12 days.
-The company did not open any salary A/C for me.When I asked that how would I get my salary, I was told that since the company is a small company of less than 10 people, IT IS NOT LEGAL TO OPEN SALARY A/C.
-Also there were no other benefits like PF, gratuity
-There were no records i.e. id card entry, register entry,biometric entry etc that show that I had worked with th company fo about 12 days.
-They just issued me an email-id ,which i used for office work,and now they have blocked it.
-I havent recieved even one salary from the company
-They say that it is a registered company, but I doubt it.
Also the contract which i signed clearly states that if any body wants to leave the company then they would have to issue a 2months notice period or have to pay 2 months of salary if they leave before the notice period and it is vice versa for the company also.I have also read somewhere that notcie period is not valid on trainees, only on employees.In my appointment letter/offer letter ,there is nothin mentioned which states that I am an employee or trainee.But yes its mentioned -OFFER OF EMPLOYMENT.
Now my boss is threatning me that either I pay 2 months of salary that amounts to 50000 INR or else he will take legal action against me.I have already told him that I cant afford to pay so much , as i am not even an employee, but he refuses and is threatning me that he wil take me to the court.Please help me in making me aware about my rightsand whether any legal action can be taken against me or not.
Please sir, I am in great need.Help me...
