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bharat (AX Tech Consultant)     19 April 2013

Employer threating to drag employee to the court

Dear Sir,

I was working with a mangement concern for about 1 year and 3 months. Intially i agreed to work for three years on the condition of mutual benefit.After completion of my probation period they did not give any confirmation letter.They increased my salary by a very less margin, which was not enough to take care of myself. I requested to increase my salary but it was received by deaf ears.Later when I got a new job, I went to a senir management guy to inform about this. He told me that if i resign today itself I will be releived today itself. Keeping his words I resigned but, now the company management refuses to releive me. It is asking me to pay rs 75000 as expenses to get relived which is about nine times my original salary. The company also did not provide any pf , epf  to me during my entire tenure. Also Inthe only document received from them they did not metion anything about notice period.I also did not sign any legal documents such as bond documents. now they are threatenig me to drag into court if i do not pay the amount. If  needed, I can provide all the communication with my company over mail and the only document received from my previos company.Kindly help me in this regard.

For your complete information in this regard, I hereby attach all the communication that took place between me and my HR, Please go through them & kindly suggest regarding my further action

 

 

 

 

Sent: Saturday, March 16, 2013 7:44 PM
Subject: Resignation Letter :Reg

 

Dear Sir/Madam,

This is to inform you that I am submitting my resignation from the post of AX Technical Consultant at Affordable Business Solutions, Bangalore based out of Madurai.

Thank you for your support and guidance during my tenure in the company. Please accept my resignation and as discussed ,proceed with the exit formalities.

 

Thanks & Regards

 

Cell Manager

 

 

 

 

 

date:

 Sat, Mar 16, 2013 at 8:55 PM

subject:

 RE: Resignation Letter :Reg

Dear Bharat,

 

Your re-leaving formalities will be carried out as per the terms and conditions of your appointment order and the final clearance will be given to HR Department accordingly after meeting out the required clauses.

 

As discussed, you are hereby requested to report to duty on 18th March 2013 (Monday) at our Bangalore Office without fai 

Thanks & Regards,

Cell manager

 

HR

 

to:

 bharatvenkatraman@gmail.com

 

 

date:

 Wed, Apr 3, 2013 at 6:08 PM

subject:

 RE: Resignation Letter :Reg

Dear Bharath,

Further to our meeting & discussions on relieving formalities, I have not heard from you till date, nor you are answering our calls.

 Pls be informed that we shall wait for next 2 days to hear from you failing which we shall initiate the legal notice to your provided residential address.  We will also be able to track your presence and intimate that location as well, be it a institution or company.

Do treat this as an reminder and revert back immediately.

 Regards

HR

BHARAT VENKATRAMAN <bharatvenkatraman@gmail.com>

 

 

 

 

bcc:

 dushyanth.srinivasan@gmail.com,
 "ρ●●ﻝ@
<<<<<<<<<<<<<< " <poojavenkat@rediffmail.com>

date:

 Thu, Apr 4, 2013 at 10:41 AM

subject:

 Re: Resignation Letter :Reg

Dear Madam,

With reference to your mail received on 03rd April 2013, I would like to mention the following points.

1. Since I am in a secured environment, I cannot use my mobile phone for any communication. Hence I request you to communicate to me only through mails.

2. In concern to my relieving formalities, I was awaiting your mail, as discussed with Mrs. Veena during my visit to Bangalore office, containing all the information in this regard for last 15 days. Since I did not receive any formal mail from Affordable Business Solutions, I could not continue any communication. Kindly do the needful.

Awaiting a speedy response.

Regards

Bharat V

HR

to:

 BHARAT VENKATRAMAN <bharatvenkatraman@gmail.com>

cc:

 

date:

 Thu, Apr 4, 2013 at 12:27 PM

subject:

 RE: Resignation Letter :Reg

Dear Bharath,

Pls note on submission of your resignation and further to our meeting , I had summarized the following and email to your official id.

 Anyways, pls find the points discussed.

1.      To accept your resignation and relieve you from the formalities, you will have to serve the notice period of 90 days and pay back the training cost.

2.      We had assigned you on a new project @ pune, travel arrangement were confirmed to you. You will have to repay the travel costs as we were not intimated on time and had to cancel the air ticket

3.      Certification charges borne by the company will have to be repaid

4.      If you are not willing to serve the notice period, you will have to repay the notice period pay as well.

5.      Total charges to be repaid is Rs.75,400/- (Training charges – 35k, Certification charges- 4.2k, Airfare- 6.5k, Notice pay for 3 months – 29.7k)

 

I shall look forward to hear from you at the earliest.

 Regards

HR

BHARAT VENKATRAMAN <bharatvenkatraman@gmail.com>

 

 

bcc:

 BHARAT VENKATRAMAN <bharatvenkatraman@gmail.com>

date:

 Sat, Apr 6, 2013 at 7:42 PM

subject:

 Re: Resignation Letter :Reg

mailed-by:

 gmail.com

Dear HR

As informed to you earlier during my personal meeting with you, I discussed with one of the higher officials about my resignation plans. I indicated to him about my new job opportunity and my willingness to serve the notice period if any. Because I was told that I can get relieved immediately, I tendered a formal resignation (E-mail dt: 16th March 2013) to my cell manager and to the HR and proceeded with the new opportunity.

I would like to state here that during my tenure with ABS, I had always performed my duties with utmost dedication and commitment. The hard work that I had put, the late hours that I had worked for innumerable days, the accolades that I had received from my supervisor, orally and via -email, stand testimony to this.

So, I request you process my relieving letter and full and final settlement, if any, immediately.

Thank You.

Yours faithfully,

V. Bharat.

 HR <

to:

 BHARAT VENKATRAMAN <bharatvenkatraman@gmail.com>

 

 

date:

 Mon, Apr 8, 2013 at 10:37 AM

subject:

 RE: Resignation Letter :Reg

Dear Bharath,

To accept your resignation and relieve you, you will have to serve the notice period of 90 days and pay back the training cost.

Alternatively, you can repay the incurred costs (including the notice period pay) as explained to you in detail and I could initiate the formal relieving process.

Would like to hear from you immediately.

Regards

 HR

Cell manager

to:

 BHARAT VENKATRAMAN <bharatvenkatraman@gmail.com>

 

 

date:

 Mon, Apr 8, 2013 at 12:47 PM

subject:

 RE: Resignation Letter :Reg

Dear Bharath,

 

Please refer my reply mail dated 16th March 2013 for your resignation mail and I have clearly told that the relieving formalities will happen as per the terms and conditions of your appointment order.

Moreover you have committed and given in writing that you will serve with ABS at least for 3 years and the record is available with HR.

As the cell manager I never agreed to get relieved immediately on the same day (that too on week end i.e. Saturday)  i.e. 16-03-2013 and you are suppose to serve for the notice period and you have to pay back the training cost.

Please go through the earlier mail of our HR Department and repay your liability without fail.

 Thanks & Regards,

Cell manager

 ABS HR

to:

 bharatvenkatraman@gmail.com

 

 

date:

 Thu, Apr 18, 2013 at 4:18 PM

subject:

 FW: Resignation Letter :Reg

Dear Bharath,

 We have waited to hear from your end till date. Please reply on receipt of this email failing which we shall initiate our process with a copy to your present employer.

Regards

HR



Learning

 2 Replies

Rajendra K Goyal (Advocate)     19 April 2013

From the above case it seems that the Co. has adopted an adamant attitude and is bent upon to claim money but if you have not signed the agreement / bond it will have difficulty to prove the case in the court. Please ask for a copy of the Agment / document under which all these expenses are claimed from you. Moreover after this type of development there seems to be no use to continue the service. There is possibility that in case you complete the service during your notice period they will make heavy deductions in the name of various recoveries. You should have courage to face legal action and probably it would be a better option for you. Company will have to prove its case and you can contest on all the points.

Kumar Doab (FIN)     19 April 2013

You have initiated another thread at following link:

https://www.lawyersclubindia.com/forum/Employer-threating-to-drag-employee-to-the-court-79120.asp#.UXFfkaKAqWM

Although it is your choice to intiate as many threads as you want it shall be approrpiate to initiate one only and track it properly.

Now you may club the responses from both the threads and proceed as deeemd fit at your end.


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