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Kiara (Lead)     30 May 2014

Left csc in 2 days due to personal reasons

Hi,

I joined CSC Bangalore in January 2014 and had to leave in 2days due to family emergency and I didn't even finish the onboarding formalities. I informed the HR about the same and they agreed to take it as case of absconding as I didn't need a experience letter. I never got a single penny or any company ID/access card but now after 5 months they have sent a letter asking me to pay 78,000 Rs as dues.  I didn't sign any bond, Please advise me what I am supposed to do now.

Thanks,

Kiara



Learning

 6 Replies

Kumar Doab (FIN)     30 May 2014

Why did you agree to be an Absconder?

If you were unable to resume you could have submitted appropriate communication e.g. notice/resignation under proper acknowledgment!

Absconder is a derogatory word and the company may permanently blacklist you in its records and may also chase you now and give adverse feedback.

 

Did you inform HR in writing under proper acknowledgment?

Does the legal notice provide the detail of amount demanded is in lieu of what?

The company provide d you what; offer letter or appointment letter?

You signed the acceptance on offer letter or appointment letter?

 

What is this company: Commercial, Industrial, Small Enterprise?

 

 The registration certificate might have been displayed near entrance or you have to find on your own.

 

 

Redg. Office of the company is located in which state?

 

It is noted that you appeared in office at Bangalore?

 

What is trade of this company: IT, Banking etc…..? 

How many people are employed in it? 

What was your designation and nature of duties?

 

 

 

1 Like

Kiara (Lead)     13 June 2014

Hi Kumar,

Thanks for your reply and please find the answers for your questions below.

Also please let me know if they can take any legal action against me if there was an error from there end in terminating my job in time/system.

Why did you agree to be an Absconder?

As I was not sure about joining back and didn’t wanted any experience letter from them. HR agreed on the same.

 

If you were unable to resume you could have submitted appropriate communication e.g. notice/resignation under proper acknowledgment!

I informed them in written and even over the calls as well about the situation.

 

Absconder is a derogatory word and the company may permanently blacklist you in its records and may also chase you now and give adverse feedback.

I am not going to use CSC experience (2days) for further employments.

 

Did you inform HR in writing under proper acknowledgment?

Yes I did.

 

Does the legal notice provide the detail of amount demanded is in lieu of what?

I asked them the breakup of the amount and found that they were running my paychecks till May (breakup shows that I was paid) but as I never updated my Bank details, I never received any amount from them.

 

The company provide d you what; offer letter or appointment letter?

They gave offer letter which doesn’t say anything about paying any amount back in case of job termination/absconding.

 

You signed the acceptance on offer letter or appointment letter?

I signed the offer letter but never got the chance to sign the NDA or other onboarding forms. There was no bond signed by me.

 

What is this company: Commercial, Industrial, Small Enterprise?

 Not sure it’s an IT MNC.

 The registration certificate might have been displayed near entrance or you have to find on your own.

 Redg. Office of the company is located in which state?

Tamilnadu

 It is noted that you appeared in office at Bangalore?

On the Induction day (1st day)

 What is trade of this company: IT, Banking etc…..? 

IT

How many people are employed in it? 

70,000 + worldwide

What was your designation and nature of duties?

I was hired as individual contributor for a project.

 

Thanks,

Kiara Bhatt

Kumar Doab (FIN)     13 June 2014

The lawyer that has seen and examined all docs on record can advise you the best.

Based on your posts it is felt that you have some merits………….

 

>>> Don’t collect offer letters while you are hunting for the job.

Don’t trust verbal discussions and especially from HR personnel.

HR personnel have to follow the employer’s policies for them and you shall face legal traps if you are not careful.

 

>>> Did you sign joining report?

Does the offer letter mention that in case after acceptance of the offer candidate does not join the candidate shall pay some liquidated damages?

If the answer to both is NO then why should company process payroll?

Without attendance how can a company process payment of wages?

 

If NO appointment letter was issued to you with detailed service conditions, and HR policy/service rules and regulations were supplied to you on the date of joining and signed and accepted by you then you may claim that NO service condition of Notice period/pay shall apply to you.

 

If you have expressed your inability to join/have declined the offer/have resigned then the matter should end without any cost to you.

 

The IT companies are covered by (Name of the State) Shops and Commercial Establishments Act…………………………and standing orders……….

The company employed more than 50/100 employees hence standing orders shall apply…………………… If standing orders are not certified Model Standing Orders shall apply.

You may go thru Sec13-18; Notice Period is NIL in probation period hence employee can leave without notice period and no notice pay shall be applicable.

 

Employer can be personally held responsible for faithful observance of standing orders. Standing Orders shall prevail upon any private agreement that employer has signed with employee e.g. offer letter, appointment letter, contract of employment………………….

The notice period for service of 2 days then as per TamilNadu Shops and Commercial Establishments Act: Sec 41 , Karnataka Shops and Commercial Establishments Act: Sec39………… is NIL.

There are threads indicating that Chief Inspector under the Act (Labor Commissioner) held that notice period/pay state in the Act shall prevail………………..

Hence company has to tender payment of 2 days to you and that too within specified time of payment of wages on usual pay day.

 

Employer can be penalized punished for creating False Entries………………..in record……………..Employer has to update disbursement of wages in various forms, formats, registers, and has to supply wage slip/salary slip/payslip duly signed by competent official at least a day before the disbursement of wages and has to obtain signature of the employee and maintain record for atleast 3Y……………..

Payment of Wages Act: Sec13A

Minimum Wage (Central) Rules, 1950, Rule 26(3)(4)

 

If company is claiming disbursement of some payment of some extra wages to you then it has to supply the proof of dispatch  of instrument of payment and its encashment at your end, salary slip…………………………

The IT companies even if provided with self certification of various forms/formats as prescribed in various Act/enactments applicable to it , the format shall be as prescribed in the Act,  it shall have to supply the certified copy to employee, Inspector under the Act……………….

The Inspector can examine the record and can call the records in his office too…………

You can obtain the record from Inspector/Chief Inspector.

You may carefully go thru:

TamilNadu Shops and Commercial Establishments Act

TamilNadu Shops and Commercial Establishments Rules

Karnataka Shops and Commercial Establishments Act

Karnataka Shops and Commercial Establishments Rules

 

 >>> You may approach your able labor consultant/service lawyer with all docs on record. You should positively submit a fitting reply to the legal notice thru your lawyer, since company has shown huge amounts paid to you in its record…………...

You may without any hitch demand payment of wages of 2days, FnF statement with logo on prescribed stationary, under original seal and signature of the competent official, showing amounts paid to you, payable to you, payable by you, recoverable from you………………………..for verification by you………………….and Form16 at once, as per amounts paid to you by the company, PF number and a/c slip showing PF deduction and deposited with EPFO, ESIC card………………….. and later to update corrections and correct .

Let them prove that they paid huge amounts to you and also statutory contributions……………….

You may demand unconditional apology from MD of the company for issuing defamatory, libelous statement against you, for claiming amounts from you that were never paid to you for not paying the amounts to you that should have been paid to you, and threatening you with litigation…………………..

You may demand the certified copy of the record from company and its lawyer too supplied by email/in person/redg. post/courier  with proof of dispatch/delivery by company to its lawyer on the strength of which the lawyer of the company has issued legal notice………………..

 

The lawyer of the company is duty bound to examine the record before issuing legal notice or he/she should advise the company that no such claim exits……………

If you deem fit you may submit complaint against lawyer too with Distt.Bar Association, Bar Counsel of India…………………

 

 

 >>> Let your able lawyer decide now the merits and structure the reply to the company and its lawyer that has issued the legal notice………….and advise you finally……………………..on the recourse available to you.

1 Like

Kiara (Lead)     13 June 2014

Thanks a lot again for your detailed reply..much appreciated.

I will definitely consult my lawyer and process further accordingly.

Kumar Doab (FIN)     13 June 2014

You are welcome.

The employee should be a member of employee's  unions and retain access to a lawyer.

In your  trade it shall be be better to retain access to competent and experienced labor consultant/service lawyer.

Chirag Gulati   26 June 2015

Hello Kiara,

I'd a same case. I gone for induction and then never went back few days later I dropped a resignation email. I never completed the onboarding formalities. Now after 5 months they are asking for Rs 1,43,000. I don't know how to deal with this situation. Could you/anyone please share your experience/guidance to sort out this.

Look forward to hear back soon.

Chirag Gulati

Ph.813-035-6000

 


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