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Sathish Kumar (Financial executive)     25 August 2014

Legal actions from employer regarding unautorized absence

Sir/Mdm,

I was working with a MNC company in banglore as a Financial executive,while joining i filled some esi/pf forms etc,but i did'nt get any appointment letter from company.after three weeks i resigned that job because i found that the job would'nt help me for my carrier and the behaviour from my colleques wasnt good,before that i recieved salary of my working days,while resigning i didn't give any resignation letter to them,i sent them a e-mail regarding resignation,but they did'nt replied for that e-mail.after 10-15 days i got a registered letter from that company regarding "unautorized absence from the duty ",but i didnt reply for that letter,after  further 10 days i got e-mail from HRD of that co. it saying that "please respond to our official letter or you will get a legal notice shortly".

I want to know what they can do legally agst me,what i need to do,i am from a middle class family,please reply for me as consider as me a brother....

Regards

Sathish



Learning

 7 Replies

Vikas Jain (Advocate)     25 August 2014

Pl. try to recollect were you given any documents pertaining to Service Bond etc. if yes then also they can't do anything, since you have not given your acknowledgement on the appointment letter of the company. The said company in your case can't bind you to govern with the provisions of Employment law until you have signed the AP.

 

So don't worry, sky is not going t o fall.  

1 Like

Sathish Kumar (Financial executive)     25 August 2014

Sir,

Thanks for your reply,i will post here if i get any further notice from them.once again thank you so much sir...

Regards

Sathish

Kumar Doab (FIN)     25 August 2014

 

There is nothing new and it is age old tactics to level charge of having abstained/absconded/absented and effect termination in internal records.

You should not wait for legal notice and must reply to the emails/letter by letter thru Redg. post. 

The charge of unauthorized absence is apparently false, since you have sent resignation by email.

Hence deny to accept he charge and caution the company not to falsify the record and to confirm in writing to you that it has corrected the record and has withdrawn the charge of unauthorized absence.

Resignation can be without permission and notice.

The company can claim notice pay in lieu of notice period, if it is applicable in your case.

Such companies are covered by Karnataka Shops and Commercial Establishments Act, Standing Orders………….

You may go thru:

---Karnataka Shops and Commercial Establishments Act :

Sec6A; ( Your lawyer may opine to Claim that company has violated this section and did not issue any appointment letter)

Sec;39; ( Your lawyer may opine to Claim that company has violated this section and notice period/pay is not applicable if period of service is < 6 months)

---Model Standing Orders; Sec13; Notice period during probation period is NIL.

 

If company wanted some exit formalities it should have replied to the email by letter/email etc……………

You may affirm that NO tasks were pending at your end, you had informed in office the reasons for separation ( as narrated and experienced by you) and had asked in office  to whom you should handover the charge, and NO company property was with you (if true) and NO exit formalities were communicated to you and hence nothing is pending to be done by you.

Thus leave NO room for the company to level any allegation of having caused any loss of any kind!   

The notice period does not depend upon T&C inserted by employer in appointment letter/private agreement drafted by employer and signed with employee, alone. This is part of service conditions that are governed by various enactments applicable to the establishment.

Moreover NO appointment letter was issued to you and you did not accept any T&C on notice period/pay.

 

·         You may go thru following thread and other threads mentioned in these;

 

·         ·         https://www.lawyersclubindia.com/forum/Manager-not-accepting-resignation-107490.asp#.U_MTnsWSwb8

 

https://www.lawyersclubindia.com/experts/Regarding-breech-of-bond-491511.asp#.U_cwIMWSwb8

 

https://www.lawyersclubindia.com/forum/Resignation-and-not-serving-the-notice-period-107588.asp#.U_cyN8WSwb8

 

 

 

If you face any difficulty contact elders in the family, employee’s unions, trade unions, your Labor Consultant/Service lawyer.


Attached File : 296779004 karnataka shops and commercial establishment act.pdf, 296779004 model standing orders industrial employment standing orders rules.pdf downloaded: 61 times
1 Like

Sathish Kumar (Financial executive)     25 August 2014

Sir,

Thanks for your reply sir.They given me a offer letter through e-mail before joining there,but they didnt mention any notice period on that email.Nobody handover any work to me.i filled some insurance,pf and esi forms and i recieved a salary cheque.Sir,how much i need to pay if they go for legally ?

Regards

Sathish Kumar

Kumar Doab (FIN)     25 August 2014

Spend quality time with your elders in the family, competent and experienced well wishers, and along with them..............................approach employee's union leaders, trade union leaders, Labor Consultant/Service Lawyer/law firm, and let them draft a fitting reply to the email/letter.................................

 

You may demand to supply the acceptance of resignation, service certificate, relieving letter, FnF statement, Form 16 as per correct FnF statement, payment of FnF wages by Bank DD only thru Redg .Post only so as to reach in next 7 days.....................

If required you can approach:

Employee's unions

Trade Unions

Inspector under Karnataka Shops and Commercial Establishments Act

Inspector under Payment of Wages Act

Labor Inspector

  

1 Like

Sudhir Kumar, Advocate (Advocate)     14 October 2014

Originally posted by : Sathish Kumar

Sir,

Thanks for your reply sir.They given me a offer letter through e-mail before joining there,but they didnt mention any notice period on that email.Nobody handover any work to me.i filled some insurance,pf and esi forms and i recieved a salary cheque.Sir,how much i need to pay if they go for legally ?

Regards

Sathish Kumar

You are not realising that the employee employer relationship has been established.

Kumar Doab (FIN)     14 October 2014

If no notice period is stated in offer letter then you may claim it is not applicable to you.

As per Karnataka Shops and Commercial Establishments Act too the notice period for service period <6 months=NIL.

The liquidated damages are not neccesserily to be paid on demand.

Approach your labor Law consultant and also Trade Unions like CITU,INTUC,AITUC,BMS..........................and lawful authorities mentioned above along with your elders in the family.................................

 

Dept. of labor Karnataka has maintained list of Labor officials, List of Trade Unions at its website:

 

https://labour.kar.nic.in/labour/trade-unions-list.htm

 

https://labour.kar.nic.in/labour/default.asp


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