Left company without serving notice period
gaurav rajwanshi
(Querist) 07 October 2011
This query is : Resolved
Hi,
I was working for a small comapny in india and they have sent me to other country.
I took 15 days holiday from them and when after 15 days i asked them to extend my leave by one more weak. They send me email saying we are terminating you as it seems that you got another job and you have not reported back on time.
They also demanding me 10 lacs of compensation for not serving the notice period and leaving the project in between.
I told them over phone that i can come back and serve the notice period but can not pay 10 lacs
Now they have sent a legal notice at my place thru their lawyer...which I have not recived.
What should i do in this situation. PLease guide me.
Raj Kumar Makkad
(Expert) 07 October 2011
You offer to join as per your transfer order and if you receive legal notice, reply it accordingly and let them initiate any legal action against you. do not be in panic.
ajay sethi
(Expert) 07 October 2011
you have to reply to legal notice . did you take 15 days leave after prior intimation . ?what were terms and conditions of your employment ?
did it provide that employer is required to give notice for termination of services?
the question of payment of 10 lakhs would arise if termination of services was lawfully done and company has spent large sums of moneuyy to train you .in this case you have offered to serve the notice period . fight dont succumb
gaurav rajwanshi
(Querist) 07 October 2011
Thanks Raj,
The only big problem is I am out of india. And if they will go to court, It will be really tough for me to come for hearings.
ajay sethi
(Expert) 07 October 2011
you can engage an layer to defend you . it is civil case . no need for personal appearnce
gaurav rajwanshi
(Querist) 07 October 2011
Thanks Ajay,
Moreover when I extend my leave they send me mail for termination. I have not resigned in written till now. Actually I got the new job in some other country and did not go back for notice period server as they have stopped my 15 days salary when I went on holidays so I was pretty sure if i will go back and work they won't pay me three month salary. they have done similar stuff in past as well.
Now I am out of india...so Little bit worried about court processing and all.
should I drop them a mail and try to negotiate. they once called me and said drop us a mail mand say what can you do to compensate. I didnt drop any email as some of my friend say that they can misuse email so dont put anything in writing,.
PLease suggest the next step..
gaurav rajwanshi
(Querist) 07 October 2011
One more thing I would like to ask....
Should I drop them an email saying something like... no benefit to make it a leagal case as
1. I also have a lot of thing to say about them and what wrong they have done with me and what other wrong things do internally
2. They sent a termination mail to me so they can not ask for a notice period money.
3. I am ready to come back and server the notice period if they will pay my salary regularly.
will it be the right step...
gaurav rajwanshi
(Querist) 07 October 2011
Yes! I took the 15 days leave after intimation...
ajay sethi
(Expert) 07 October 2011
1)the offer made by company was duly accepted by you . it amounts to a contract .
2)you have stated that you have taken 1 5 days leave after prior intimation . is it necessary for company to sanction you leave? or mere intimation is suffocent?
3)if company did not sanction your leave although prior intimation was given then leave was unauthorisedly taken by you .
4)however your services appear to have been worngly terminated by company . it should have accpeted your offer for serving 3 months notice period .
5) in reply to legal notice you hav eto mention that you offered to serve notice period termination was unlawful etc .
6) consult a local lawyer .
prabhakar singh
(Expert) 07 October 2011
IF YOUR QUERY IS STILL OPEN THEN ONLY IF POSSIBLE FOR YOU TO PUT THE THINGS IN THE VERY VERBATIM 1]THE NEGATIVE COVENANT OF THE SERVICE AGREEMENT,???2]THE EMAIL TERMINATING YOUR SERVICE ?????
gaurav rajwanshi
(Querist) 07 October 2011
I am attaching email in which they have mentioned that they are terminating me.
here are few clauses from my offer letter
1. After confirmation / probation, you are liable to give three month’s notice on personally terminating your
services with us. You can adjust any unavailed accrued holidays against the notice period only with the
consent of the company. The Company may at its discretion choose to terminate your services after
confirmation, with three month’s notice or payment of three months basic salary in lieu there of.
2. Please note that any expenses incurred by the company for your recruitment on relocation, accommodation,
joining bonus, notice period buyout would be recovered from you if you voluntarily resign from the services
of the company within two years from your date of joining.
-------------------------------
There is one more important point i want to mentioned is that my probation period was of six month and company has never gave me the confirmation letter after six month. So that mean legally I was on probation when i took the leave.
Whether all this condition is applied on probation as well.
prabhakar singh
(Expert) 07 October 2011
Is the following quoted sentence in their email a true statement alleged against you??
"You have further conveyed on 29 Aug that you have a job offer in London and that you may not be returning to Pyxis India/ Citi
Singapore."
If true then what was the mode of communication ???
gaurav rajwanshi
(Querist) 07 October 2011
It is not true
When i called them over phone I told them I am in london and will be able to come back to singapore only after a month.
then they used abusive language and try to threaten me.
All this was in verbal communication
and then they send a mail saying they are terminating me
Guarav
prabhakar singh
(Expert) 07 October 2011
So it is their false allegation against you.
prabhakar singh
(Expert) 07 October 2011
is my guidence not intelligible to you??
prabhakar singh
(Expert) 07 October 2011
would it be possible for you to serve the notice
period ??????
gaurav rajwanshi
(Querist) 07 October 2011
yeah I can go back to them and serve the notice period if they are willing to pay me regularly every month
gaurav rajwanshi
(Querist) 07 October 2011
No...I had a telephonic conversation with them where i mentioned that I am ok to serve notice period. And they said that they have incurred some loss and now want 10 lacs in compensation.
prabhakar singh
(Expert) 07 October 2011
is this one yours rajwanshi.g@gmail.com
prabhakar singh
(Expert) 07 October 2011
you are free to communicate with me as and when need arises,mean while you are requested to send a soft copy of your service agreement and their this email too on my email by attachment.
good night.
Guest
(Expert) 10 October 2011
On termination at its own by the company, the company cannot claim any compensation, while you have not resigned on your part.
