sureah 26 June 2015

Employer threaten

Hi All

Need your advice here.
I was working in an UK registered company from India.The owner of the company(NRI) didn't issue any offer letter or payslips to me.I will get my monthly salary through paypal when raising invoice for service in it.Finally for the loan requirement i forced him a lot to get offer letter.He asked me to draft a letter and let his friend signs it(Putting him as HR Manager).His friend signs and sent me the contract letter.Days passed,i don't like to work in this company as there is no job security.Meanwhile i got better offer so i put my formal resignation in an email but he didn't leave me stating that i need to serve notice period(no notice period mentioned in written nor we signed anything on it) and convinced me to take back the resignation in an email and i did it due to his torture.Later to secure my career, i thought to abscond stating my illness.I explained to my new company about this and they accepted to hire me without experience letter.After a Month, i told him that i need to take rest and i cannot continue to work so i will return the office belongings like laptop to local office but he is not ready to accept,Instead he started threatening me that he will take legal action against me for absconding.

Please note some important points below:
1.He got his company registered in India only on April 2015 and i didn't receive any payslip or offer letter from this company. Earlier it was registered in UK.
2.The contract letter which issued(but i didn't sign it) before April 2015 doesn't mentioned anything about my relieving or notice period,also its not signed by the owner
3.Except the fact that i accepted to roll back my resignation in an email,the rest of the email relates to projects i worked.

From the above points,i believe i had worked as Freelancer/contractor and not falls under his company payroll.
So with this, can he able to take legal action against me for absconding?
and can i send a legal notice against him for threatening me and my family members?

Please suggest on how to get rid of this.

Note:He is not in India.

5 Replies

Tanu Yogendra Oza (Founder) 26 June 2015

Don't take his threat seriously. If there is no mention of notice period in your offer letter you can leave company any time. Payment through PayPal will not be considered as salary as you were raising invoice and you are just a freelancer. Advocate Tanu Oza Ahmedabad

Kumar Doab (FIN) 26 June 2015

You should provide full information, pointwise!

What is this establishment registered as: Commercial,Industrial?

What is its line of business:IT,ITeS,banking etc?

How many maximum persons are employed in it at any point of time, before and after 2015?

Is the person designated as HR Manager indeed employed with the company? Has this HR Manager been authorized to sign appointments by Board resolution? Is this HR Manager in India and at your location? Who is MD/Director/CEO/COO in India?

Did you record the threats (audio/visual/minuted/witnessed)?

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?

What was your designation and nature of duties?

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?

What was your monthly salary?

Was any appointment letter, salary slip of each month, PF number with a/c slips,ESIC card,Form16 given to you?

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?

Has acknowledgment of notice of resignation, supplied to you?

Are you a member of any employee’s/Trade Unions?

sureah 27 June 2015

Originally posted by : Tanu Yogendra Oza
	Don't take his threat seriously. If there is no mention of notice period in your offer letter you can leave company any time. Payment through PayPal will not be considered as salary as you were raising invoice and you are just a freelancer. Advocate Tanu Oza Ahmedabad

Thanks Mam.No offer letter givrn by him.

sureah 27 June 2015

Hi Kumar

Thanks for your time.please find me reply in Red color

Originally posted by : Kumar Doab

You should provide full information, pointwise!

What is this establishment registered as: Commercial,Industrial?-Don't about the registration but before April 2015,it is registered in UK

What is its line of business:IT,ITeS,banking etc?-IT

How many maximum persons are employed in it at any point of time, before and after 2015?-3

Is the person designated as HR Manager indeed employed with the company? -NO

Has this HR Manager been authorized to sign appointments by Board resolution? --NO

Is this HR Manager in India and at your location? Who is MD/Director/CEO/COO in India?-None.only this UK guy.His brother might be

Did you record the threats (audio/visual/minuted/witnessed)?-Email from him

The Redg Office,Corporate Office of the company, and your reporting office was located in which state?-Its Registered in India only after April 2015 since its registered in Birmingham,UK

What was your designation and nature of duties?- Consultant.Support UK client

Do you have leave policy, HR policy,Service Rules and Regulations,Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?-No Appointment letter given.The letter signed by his friend is contract letter where Leave policy,Exit Policy,HR Policy were not mentioned

What was your monthly salary?-INR Rs.36500

Was any appointment letter, salary slip of each month, PF number with a/c slips,ESIC card,Form16 given to you?

-NO

Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?-I given notice stating my illness that i cannot continue the work.

Has acknowledgment of notice of resignation, supplied to you?-NO

Are you a member of any employee’s/Trade Unions?-NO

Kumar Doab (FIN) 28 June 2015

As per your posts you should not face difficulty. You may discuss with your able labor Law/service matters lawyer and if required submit a fiiting reply to the threats by email.