Notice period not served
MdhCrescent
(Querist) 04 March 2016
This query is : Resolved
I'm writing this to seek guidance on a legal notice sent to my daughter on not serving notice period.
The following are the details of the case for your review.
My daughter joined a School as a Content Writer in October-2015. As per her offer letter she was bind to serve a notice of 3 months. Due to the work pressure and undue working hours, she resigned in December and left without serving the notice period of 3 months.
During her short tenure in the company, she was unwillingly asked to attend a teachers training program of cost of Rs. 60000 from third party for a day. Although the training was not associated with her job profile of Content Lead.
The company claiming to pay training fee of Rs. 60000 and 3 months salary as stated in the offer letter. The company is sending civil court order notice to us for the same.
My daughter is currently married and residing with her in-laws in other city. We have not been accepting any legal notice on her behalf.
Please kindly advise us a way through.
Kumar Doab
(Expert) 05 March 2016
You may approach an able counsel specializing in labor- service matters with all employment related documents.
The designation was content writer or Content Lead?
Your counsel can help to understand the designation and as per nature of duties she is covered as per def. of 'Employee' and 'Workman'................and whether the company/school is covered by the State Shops & Estbs Act.
You may also check if the school is affiliated with say ; CBSE and if yes go thru CBSE affiliation Bye laws and Service rules in it and whether these apply to designation of employee or not and hence notice period as per the rules......
Your counsel can also opine if the training cost is to be born by employee or not? And whether the cost of Rs.60000/day/person is reasonable or not?
Assuming that the person is covered by various enactments then the notice period in the enactments shall prevail upon appointment letter and may not be necessarily 90 days.
The concerned person should have objected to working beyond working hours, or any other excesses by employer, in writing on record and built some record.
An able counsel can help you further.
MdhCrescent
(Querist) 06 March 2016
Thanks Kumar! God bless you :)
Rajendra K Goyal
(Expert) 06 March 2016
Agree with the advice from expert Kumar Doab.
RAJU O.F.,
(Expert) 08 March 2016
For a one-day teachers' training programme at the cost of Rs.60,000/- through third party itself is on high side and claiming the said amount from you is illegal. Appear in Court through an expert advocate who is practicing labour matters on behalf of employees and contest the case.
