Appointment letter vs confirmation letter

U need to give notice reply through local lawyer.

since u have accepted TOR by signing appointment letter u need to pay money as per agreed TOR.

thanks for quick reply,

please let me know which letter rules will govern my conduct now.since i got confirmation letter which have few rules and a statement that anne.B of appointment letter will still applicable and confirmation letter is silent about 1 or 1.5 lacs.

am i liable? is it possible for them to file a case against me?i didn't signed any BOND but their custom printed appointment letter.

please let me know how far it will affect me.

It is not understood what 'TOR' stand for?

For further response the querist may reply pointwise to following:

For a proper response, While initiating such queries the querist should post the basic information e.g;



You may post the exact extract from appointment letter on termination/resignation ( Noted: YOu have posted the annexures).
 

What is your designation  and nature of duties in offer/appointment letter and on record/ in practise? Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Could anyone cancell/amend your recommendations?


You were in which state ?


What is this establishment; Commercial/Industrial ?

What is its line of business e.g. banking/IT etc?

Does it have Certified/Model standing orders and does it apply to your designation?

Are you a member of employees/trade unions?


What was your last drawn salary (Noted; <Rs.15000/month)?

You were under probation/confirmed ( Noted; Confirmed) ?

What is the notice period mentioned in appointment letter ( Noted 90days)?

Do you have acknowledgment of notice of resignation and its POD?

Did you tender final resignation? Did you write to appointing authority/MD etc that on dated................Mr/Ms..................asked you to stop coming to office, and that NO tasks are pending at your end and to whom you should handover the charge?

Do you have salary slips of all months, last month,PF a/c slip of each year, Form16, FnF statement ( Noted; NO PF deductionn?

Has employer supplied anything to you in writng, till date ( Noted: Lawyer has sent notice)?

Did you record the calls etc?

What was the max. number of employees this company had any point of time ( Noted; >20)?

Why such  a huge liquidated damages; Did company provide any certified training from recognised Instt. that added to your qualification or any other extar ordinary benefits?

Is it stated that if employer terminates before say 6 months it shall also pay equivalent damages?

Did you mention reason of resigning in notice/final resignation/subsequent communications e.g. that employer is violating/breaching its promises e.g PF,ESIC, Employee Compnesation policy, Group Insurance, TDS, OT, Work hours, etc etc?

Did you sign any kind of BOnd?

What is issued to offer letter/appointment letter/contract of employment?

Has the employer supplied copy of all rules and policies mentioned in appointment letter etc?

Hi,

1.I am in Telangana state

2.it's an IT firm (partnership firm registered office in vizag)

3.i joined as a trainee and after 6 months i became Associate consultant

4.Training has been promised but no training has been provided.

5.No bond was signed (only the custom printed document of company was signed)

6.It's a small firm with around 50 to 60 employees

7.Last drawn salary 19k gross (No deductions whatsoever)

8.No pay slips / bank account provided by company

9.Seen salary structure of my TL, gross salary 70k pm (No TDS was deducted)

10.I sent my resignation through e-mail (which advocate letter says as unprofessional way)

Please let me know if any info needed

Thanks for your valuable advices

If the confirmation letter is the latest then it's conditions and terms will definitely superseed the terms of Appointment letter. So, you have to pay the dues in lieu of notice period as per your letter of confirmation and not of appointment letter signed by you earlier. You can consult a Lawyer and send a reply notice immediately quoting the terms of confirmation letter.

When once you have signed terms and conditions on confirmation you are bound by that.  Please remember, that once you take up the appointment from another IT  company, engaged in same activity as your past employer, then your past employer has definite grounds to show your credentials.  Even working in a company can be considered training, as they have to train you suitably for better performance.  All this you have to consider before taking up confirmation or before switching off the job, and it is definitely not professional to send resignation by E mail as minimum courtesy is to inform to next superior to whom you are reporting to through a hard copy and state genuine reasons for such resignation.  The presumption is that before resigning you have already decided to shell down Rs.1.5 lakhs, but now you wanted to evade this by searching alternate ways.  If you have secured employment with better salary, in the interest of your career, it is proper to pay the contracted amount, without dragging the issue further.

Hi

Thanks for advice,

1.Before to the resignation by email, i have already informed my superior personally as he was aware of the situation at the firm.

2.In my resignation i have mentioned that i will pay the required dues to the money (i have not mentioned exact figure) since i was of the view that i have to pay only 3 months equalent salary.

3.Regarding training-offer letter says that training will be provided from high profile people but i have been alloted work from the 2nd week of my joining and told to complete the work any manner (i was a fresher).

Thanks

YOu have not repleid to all points , pointwise.

Did you sign for NSR / NASSCHOM and share the pin with employer?

The training on products,processes,strategies,policies etc that is required to enable the employee to handle the counters/work of employer should be without any cost to employee.

Moresover, as per your post there was no training in your case.

You may state so in writing.

Vizag or Visakhapatnam is in AP.

IT/ITeS/BPO/Software/KPO companies are covered by the Shops & Estbs Act.

You may go thru: AP Shops & Estbs Act.

The notice period may not be more than 30days in your case.

Engage a very able counsel specializing in labor-service matters.

First arrive at your priorities.  Is the second company accepts for joining without relieving and joining letter.  If you do not want to apply further and do not wish to join any institution in future, continue the struggle by entering into litigation with uncertain judgment in future.  The choice is yours as your advocate who handles the matter is more competent to guide you, after going through all related facts evidenced in documents.