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piyush   19 June 2016

F & f _company asking for recovery

Dear Sir

Pl help check my case & provide suggestion 

I joined One Reputated telecom vendor  company (A) on 1st may from Another  reputed Telecom company (B) in a transition process between  two companies (Transition of all employees from One company to another company). Company A mailed one offer letter on mail  in which my CTC was 10 % less as compared to company B CTC, and my joining date was 1 May. and my previous company B forced me to acept the offer leter. eventually I forcely accepted the ffer letter on mail .Company A not provided me enough support ,not provided me laptop/email id etc for communication even my work and manager not assigned to me.One month I was attending the Company A office but no body assigned me helped me even they did  not know to assign the work as per my eligibility I tried to discuss with many bosses in new organisation but in vein.Company A deposited salary of May month eventually frustrated due to less CTC compansation and NO work assigned  to me I searched One new Job and decided to resign & put resignation to my company A from my personal gmail account mentioning that I am resigning due to personal reason..Now they have given me F& F on mail & stating that I have to pay 3 months Basic salary & other charges ( around 81000 INR )as I have not served Notice period.

My Query is 

What legal action Company A  may take . is there any imprisionment in this case when they file a case against me 

What an Employee can do in such cases as this employee transition initiated by two companies without proper handover and take over process & all the faults they imposing on employee.

 

I have given resignation mail from my personal mail id to all the concerned persons clearly mentioning that 5 June is my last working day because company A not provided me any laptop and company mail id.-- Is my resignation is valid 

I have only accepted offer of appointment on mail & company A not given any hardcopy of formal appointment letter & company policy duly signed by me.-- Have I joined the company even if they have not supported and not provided me even mail id and my job profle.- is it valid joining ? (When I resigned they have still not provided me any hardcopy of appointment letter or any policy letter & now they are teaching me all company A 's code & policies )

In the F& F Statement they have declared me as absconded  while I have put resignaton on mail copy to all concerned.- Can they declare me absconded while received my resignation letter.

 

 

 

 

 



Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     19 June 2016

What legal action Company A  may take . is there any imprisionment in this case when they file a case against me 

The maximum they can demand is 3 months salary and compensation, and the possibility of filing such case is remote.  There is no question of imprisonment, as you have not resorted to Criminal offence.

What an Employee can do in such cases as this employee transition initiated by two companies without proper handover and take over process & all the faults they imposing on employee.

This is a mater to be decided on facts and hearing from both the parties.  Both parties can hurl allegations on each other and finally only the facts on record has to be considered.

 

REMEDY: Issue a legal notice through competent advocate specialized in matters of employment and demand compensation, for harassment.  The notice must be constructed as such that employer should think twice before stating that employee is absconding, when he has submitted resignation, and resignation was not accepted.   According to my knowledge, even giving adequate work in tune with  skills and competency is a punishment and harassment and amounts to insulting an employee, when the offer was employer side.  Preserve agreement copy, e mail print outs and refer them in notice enclosing copies.

 

Kumar Doab (FIN)     19 June 2016

>>> Attach the so called transition circular, offer letter, resignation, FnF sttaement, or the relevant extarcts ...

Or show all docs and communications on record to a very able counsel specializing in labor-service matters.

 

>>> While posting such queries employee should post full basic information :

e.g;



Have you been issued with appointment letter? ( Noted; you have been provided with offer letter) 



You may post the exact extract from offer/appointment letter on termination/resignation,Notice pay in lieu of notice period,payment of wages etc.

What is your designation and nature of duties in offer/appointment letter and on record/ in practice? Did you have any power (not just recommendation) to sanction leave/increment/appoint/terminate? Can anyone cancel/amend/change/alter your recommendations?



Is any date of payment of wages mentioned in appointment letter?


How was salary paid; cah/cheque/in bank a/c?

Did you sign any voucher? Do you have copy? Did you put date of payment on it?

You were in which state ?


What is this establishment; Commercial/Industrial ( Noted: Telecom vendor)?



Does it have Certified/Model standing orders and does it apply to your designation? (  If yes confirm it is (Model/certified). 


Are you a member of employees/trade unions?


What was your last drawn salary in Rupees?

You were under probation/confirmed?


Did company open a salary a/c for you, by signing introduction or it is transferring salary in your personal a/c?


Has it been supplying salary slips ( at least a day before date of payment of wages)?



Did you get I.Card, Visiting card,salary slips of all months, acknowledgment of notice/final resignation and acceptance, PF a/c number and a/c slips, ESIC card,Form16, service certificate, relieving letter (with good comments), NOC/NDC, handover of charge/assets etc?


You have worked for how many months ?


How many persons are employed in it currently and what was max. no. at any time?
 

Has your FnF been settled by old company?
Were you asked to handover chanrge/assets by old company?
 

piyush   26 June 2016

Hello Sir,

Pl find the details

Have you been issued with appointment letter? ( Noted; you have been provided with offer letter) - Yes ,on mail only but No hardcopy provided duly signed by me or new employer (company A)

What is your designation and nature of duties in offer/appointment letter and on record/ in practice?- Designation is Manager in mailed offer of appointment and duties not mentioned.

 

Did you have any power (not just recommendation) to sanction leave/increment/appoint/terminate? Can anyone cancel/amend/change/alter your recommendations?-- "NO". 

 

Is any date of payment of wages mentioned in appointment letter?- Date of payment is not mentioned in Mailed offer of oppointment but that was 25th of every month by default.

 

How was salary paid; cah/cheque/in bank a/c?- In Bank Account (Of Previous company B salary  old account)

Did you sign any voucher? Do you have copy? Did you put date of payment on it?- "NO"

You were in which state ? "Odisha"

Are you a member of employees/trade unions?- "Employees"

What was your last drawn salary in Rupees?- 35000 INR

You were under probation/confirmed?- As I said It was under transition process I was working in MY PREVIOUS COMPANY since last 2.5 years . so new company B considered all employee as Confirmed.

Did company open a salary a/c for you, by signing introduction or it is transferring salary in your personal a/c?- "In my old company account .not opened any new account."

Has it been supplying salary slips ( at least a day before date of payment of wages)?- "my new company A have not provided any  company assets (LAPTOP/ID CARD ETC) so I can not get any access to company portal to access the pay slip"

Did you get I.Card, - NO

Visiting card,- NO

salary slips of all months- NO

, acknowledgment of notice/final resignation and acceptance,- "NO" as I have given resignation from my personal gmail account as I have not got any company asset and hence company A officials replied on the mail but not accepted the resignation. they told me to put resignation on company portal but I was not having  any  COMPANY assets to access the company portal .so I tender the resignation from my personal gmail.

PF a/c number-"NO" 

and a/c slips, ESIC card,Form16,- "NO"

service certificate,-"NO"

relieving letter (with good comments),

NOC/NDC, - NO

handover of charge/assets etc?- NO

 

All process of transition is going on with mutual understanding & documentation of both the company  avoiding employees benifit.even old company not bother about anithing .

 

You have worked for how many months ?- 1 Month in New company A & More than 2 Years in Old company.

How many persons are employed in it currently and what was max. no. at any time?- More than 2000 Employees I guess .

Has your FnF been settled by old company?-Yes
 

Were you asked to handover chanrge/assets by old company?- No

 

 

 

 

Kumar Doab (FIN)     27 June 2016

 

You have posted that:

 

---"Company A mailed one offer letter on mail "

Does it mention the notice period in case of resignation by employee and/or termination by employer, and probation period, and/or employee is confirmed from DOJ and/or the old T&C in company A remains the same?

 

You may also reconfirm were you asked in writing to resign from previous company?

 

Was any circular issued 'Terming this as Transition process' and provided details and T&C for employees?

 

Did you send acceptance of offer by email/letter?

 

---"Are you a member of employees/trade unions?- "Employees""

 

So you are a member of employe's union!

What is the opinion of leaders?

Are they supporting and reprsenting you?

 

 

---"You were under probation/confirmed?- As I said It was under transition process I was working in MY PREVIOUS COMPANY since last 2.5 years . so new company B considered all employee as Confirmed."

 

Consideration on strength of which applicable document?

 

 

---"All process of transition is going on with mutual understanding & documentation of both the company  avoiding employees benifit.even old company not bother about anithing ."

 

What understanding and which document?

 

---"Has your FnF been settled by old company?-Yes"

 

Did you resign from old company?

Were you asked to resign?

 

---"Designation is Manager in mailed offer of appointment'.............................Did you have any power (not just recommendation) to sanction leave/increment/appoint/terminate? Can anyone cancel/amend/change/alter your recommendations?-- "NO". "

 

Odisha Shops & Estbs Act  might be applicable to establishment and You may be covered by the def. of 'Employee' as in Odidha Shops & Estbs Act.

In such case the Act that was enacted to govern the service conditions of employees working in establishments covered by the Act ( covered by the def of employee in the ACT ) shall prevail upon offer/appointment letter including but not limited to Notice Period.

The notice period may not be more than 30 days.

You may go thru:

 

Odisha Shops & Estbs Act  

Section 14 - Annual leave with wages

“(4-A) The services of an employee shall not be terminated unless a notice of thirty days for such termination has been given to him or unless, in lieu of notice, the employer has paid to the employee wages for one month calculated at the rate payable on the date of the notice of termination of service :”

 

https://www.legalcrystal.com/act/136582/the-orissa-shops-commercial-establishments-act-1956-complete-act

 

Orissa Shops and Commercial Establishments Rules

And amendments e.g;

Orissa Shops and Commercial Establishments (Amendment) Rules, 2009.

 https://cicg.investodisha.org/download/The-Orissa-Shops-and-Commercial-Establishments.pdf

https://www.labdirodisha.gov.in/sites/default/files/misc/Voluntary%20Compliance_.pdf

 

 

 

 

 

 


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