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Busyv1986 (sfdasf)     19 June 2011

Help: Notice Period Recovery and Consequences

Hi


My friend has been working in an MNC before he left it without proper notice and joined another organization. Now after around 1.5 years, he has received a notice from an Advocate of his previous organization warning of summons , demanding to pay Notice Period Recover along with other dues like Transport, ID etc.

They have already declared voluntary abandoned, and now they are asking to pay the Notice Period of 1 month. My earnings not claimes there are enough to cover the expenses of the assets but not the Notice Period of 1 month.

Could you please help me on how I should proceed and what could be the consequences and legal actions that can be taken against me. Also, will it also effect my current job...

Also, if I pay the Recovery, will I be eligible for Relieving letter and PF claim



Learning

 3 Replies

Kumar Doab (FIN)     19 June 2011

You have mentioned:

-"he left it without proper notice" and "They have already declared voluntary abandoned"

Does it mean that he did not submit even resignation.

Company has not declared him absconding, and has discharged him by declaring"voluntary abandoned"

-They are asking for notice pay recovery,transport,ID and if not submitted summons may be issued.

Demand of company is reasonable.

Part of the query is not clear and It is believed that company had provided trasport which may be a company car, and it was not returned.

He can transfer or withdraw PF.It is believed he has not committed any forgery with company.

For PF he may get in touch with office of PF commissioner and submit forms attested by designated official e.g bank manager.

-Company has already communicated the action they want to take. They can file  recovery suite.

It shall be appropriate to get in touch with the concerned official of the company, and settle the matter.

Company can sit on relieving letter. He can ask for NOC.NDC,F&F settlement of account and receipt of properties,payments submitted by him and work experience certificate without any adverse commernts.

Busyv1986 (sfdasf)     19 June 2011

Hi


Yes, he did not submitted resignation

Also, its not company car, just the cab service that company provides. Total sum is around 14K that needs to be repaid.

Kumar Doab (FIN)     20 June 2011

Settle the matter with concerned official of the company.

Submit ID, and any other company property and obtain proper acknowledgment with seal and signature, and NOC/NDC that no company property/dues is pending to be submitted.

Settle the cab charges if any.

Company can waive off the notice pay. He need to explain the compelling circumstances under which he had to abandon the job. Be smart and obtain all docs as explained and move ahead.

It is better to consult elders in family, competent and experienced people known to the family, lawyer/law firm before taking an action in haste and then repent later.

Opinion of the learned experts/members is sought.


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