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Vinay kumar (sf)     03 February 2017

Legal notice for settlement of dues from wipro for absconded from probation period

I joined Wipro technologies Hyderabad on 16-May-2011 as a fresher. I had to leave the company on 25-May-2011 after discussing verbally with HR supervisor and sending an email from my wipro email account with reasons to resign from company. I had a medical emergency regarding my father's surgery.

I had taken this decision since I was not getting leaves as my training period was going to start. So I left the company after 7 working days from joining date. I have recently received two reminder letters in Jan 2017, stating that I would have to pay a due settlement amount of Rs. 1,40,452.00 due to my leaving the company.

On 02-02-2017 I have received another letter from KKDN Law firm on behalf of Wipro stating that I would have to pay the amount within 10 days as I have been notified by wipro and not received any communication else the matter will be taken to court and intimidating me with Civil and criminal cases.

In my appointment letter, it is stated:

Training Agreement:

"Keeping in mind costs incurred by Wipro in training you and otherwise in developing your skills or knowledge, the agreement would require that, should you discontinue the employment within the agreement period of one year commencing from the date of completion of your training period, unless and otherwise at the sole discretion of Wipro, you will be required to pay liquidated damages of Rs.75,000/- (Rupees seventy five thousand only)."

Notice Period:

"This contract of employment is terminable, without reasons, by either party giving one-month notice during probationary period and two months notice on confirmation. Wipro reserves the right to pay or recover salary in lieu of notice period. Further, Wipro may at its discretion relieve you from such date as it may deem fit even prior to the expiry of the notice period. However, if Wipro desires the employee to continue the employment during the notice period the employee shall do so. "

1. I have been charged Training fees of 75000 Rs. even though I have not completed my training program as I have left within 7 days of joining.

2. I have left the company while in probation, still I have been charged two months salary due.

Can you please help me with how I need to proceed with this. I have sent an email to Wipro on 02-02-2017 asking the clarification on above two but have not received a response yet.



Learning

 26 Replies

Kumar Doab (FIN)     03 February 2017

The company has issued memo, notice, legal notice since you have signed an agreement by your free will.

 

What was your designation and nature of duties as per appointment letter?

What was this training for? Say some certified course to add some qualification or some extra ordinary skills?

 

Or it was just some familiarization programme for products/polices/work of employer to enable the employee to handle the counters of employer?

You were in which state?

Are you a member of IT/ITeS employee’s/Trade unions?

Do you have copy of resignation?

Do you have copy of leave application, proof of its submission, and its declinature?

Have you consulted local counsel specializing in Labor/service matters and shown all docs on record including legal notice?

Are you a member of NSR and have you shared the PIN with HR/employer?

If yes, what is the opinion of your own counsel that has seen and examined all docs and inputs?

 

Ritesh Maity (Labour Law Advocate)     03 February 2017

Please give a reply to the legal notice. If required, get it drafted by a lawyer. Your remaining idle and not giving any response to the two notices of the company will definitely go against you. 

 

From your narration about the incident, it seems that Wipro is taking all the necessarly legal steps before taking you to the court. I am sure, if you remain silent, you will soon receive a summon from the court. It is better to accept/ pay or to fight against it from this stage only.

Kumar Doab (FIN)     03 February 2017

Agreeing with Mr. Ritesh Maity.

Consulted local counsel specializing in Labor/service matters and show all docs on record including legal notice

for a fitting reply.

In the meantime if you wish, you may reply pointwise.

 

 

 

1 Like

Kumar Doab (FIN)     03 February 2017

 

Did you also mention the reason of sickness of your father and non acceptance of leave application, in resignation ?

 

 

Vinay kumar (sf)     04 February 2017

Hello, Thank you for your time in responding to the queries.

  As per your queries: 

  • I joined as a Project Engineer which is for fresher level Software Engineer. The training is for a period of three months which I did not attend or complete as I left within the first 7 days on Induction ceremoies.
  • The training was a technical training program to improve and add skills like Java/SQL etc. On training completion a certificate will be provided. But since it is mentioned clearly in the training agreement section as I quoted above from my appointment letter, I will have to pay only if I complete my training and leave the company within 1 year.
  • Unfortunately I do not have a copy of resignation letter now. I had sent through the official email id. However I received no reply from HR  to the email.
  • I had informed the medical reasons in the resignation email and my inability to continue employment at Wipro. 
  • I dont have proof of leave declinature as it was verbal discussion asking for leave. But it is informed to all the group inadvance before attending training program, that you cannot ask for joining sometime later in future or take leaves during this training period.
  • Yes I have shared NSR profile ID and PIN to the HR.

I have sent email to Wipro asking for clarification on the amounts shown for Training period bond amount and two months salary.

I have received a response for my clarification request:

Payment for:

Amount

Clarification request

 

Mediclaim

0.01

 

 

ID & Access card

250.00

 

 

Negative Salary

50,605.00

Can you please provide more details on this?

Excess salary has been processed and the same has been recovered.

M.A.S

0.01

 

 

Others

75,000.00

Is this amount for the training completion and leaving within 1 year?

Yes, training bond amount has been recovered.

Notice Period Recovery

14,597.00

 

 

Retention Bonus

0.00

 

 

Total Recovery

1,40,452.02

 

 

       

 

 

As you can see I have been incorrectly charged with two months salary as processed whereas I have not received any such credit to my account.

The training period amount has been added to recovery even though I have not attended and completed the training.(See terms in my original post).

 

I am going to bring these points to their notice by replying to the email since they have confirmed the details and ask for a readjustment on the same.

Do I still need to reply, to the legal notice separately to KKDN Law firm as I am already in communication regarding clarification and settlement with the concerned client Wipro. Since they have mentioned in the legal notice that I should pay the amount within ten days or I agree to pay all the legal costs incurred to take this to court. If yes, is notifying the law firm with information that I have a clarification request for readjustment open with wipro enough. Please help me with this so I can consult a legal counsel or not accordingly. Thank you.

Ritesh Maity (Labour Law Advocate)     04 February 2017

Yes, you are required to reply to the legal notice. 

1 Like

Vinay kumar (sf)     04 February 2017

Thank you for your valuable input. So, can I reply directly by myself or do I need to consult a lawyer. Since I think I need to notify them that I am in process of negotiating and readjusting the amount.Are there any other points I might be missing that have to be included.

Kumar Doab (FIN)     04 February 2017

IT/ITeS/Software companies are covered by SHOPS & ESTABLISHMENTS ACT.

Since you were in Hyederabad.

You might be covered by the def. of ‘Employee’ as in:

THE ANDHRA PRADESH SHOPS & ESTABLISHMENTS ACT, 1988

And

“Workman’ as in Industrial Dispute Act. ( Software Engineers are covered)

Your own counsel can opine on the appropriate forum and manner your dispute is to drafted and agitated as suitable to you, in appropriate forum.

 

It is felt that you have already consulted a lawyer and it is suggested that you may obtain opinion of a counsel specializing in Labor/Service matters at your location and also obtain support of IT/ITeS employees associations and Trade Unions.

IT/ITeS employees associations have done god job and many are embraced by Trade Unions.

 

 

You may go thru:

THE ANDHRA PRADESH SHOPS & ESTABLISHMENTS ACT, 1988

 

47. Conditions for terminating the services of an employee, payment of service compensation for termination, retirement, resignation, disablement, etc., and payment of subsistence allowance for the period of suspension:-

(1) No employer shall, without a reasonable cause, terminate the service of an employee who has been in his employment continuously for a period of not less than six months without giving such employee at least one month’s notice in writing or wages in lieu thereof and in respect of an employee who has been in his employment continuously for the period of not less than one year, a service compensation amounting to fifteen days average wages for each year of continuous employment: Provided that every termination shall be made by the employer in writing and a copy of such termination order shall be furnished to the Inspector having jurisdiction over the area within three days of such termination.

https://labour.ap.gov.in/documents/AndhraPradeshShopsEstablishmentsAct1988.pdf

 

While the Industrial Dispute Act does not lay down notice period for employee.

The THE ANDHRA PRADESH SHOPS & ESTABLISHMENTS ACT, 1988

Does not lay down any notice period for employee, but lay down notice period for employer. ( The contract of employment should promote equitable discretions or it may can be termed arbitrary. If for service less than 6 months NO notice period is applicable to employer then it should not apply to employee as well).

 

You may also check if the State Govt. has granted any exemption from standing orders to M/s Wipro, and also if these are certified and cover your designation.

If applicable and not certified then you may go thru Model Standing Orders: Sec;13………………….that lays done notice period as NIL in case of probation period.

 

 

Kumar Doab (FIN)     04 February 2017

You may ask to supply you the copy of resignation submitted by you from official email id that they have received and responded while raising their demands.

You may also narrate the incidence (verbal) during which leave was refused even in case of “medical emergency regarding my father's surgery.” And transfer the onus on employer.

In such cases leave should be compassionately considered and also from Human Resources point of view and humanitarian grounds.

The training seems to be a familiarization programme and you have not been given any training.

You seem too have left within Induction Period and that too since your Father (Janam Data) was sick and you asked for leave and leave and you were verbally snubbed.

Thus rather employer is unworthy of being employed with.

Hence you have resigned.

The FnF statement can be contested, on valid grounds.

The matter should be preferably handled by a competent counsel and further complications be avoided.

Change the PIN to NSR.

Ask them to not o log onto your profile at NSR and not to post anything, on your profile.

If you join any other company in future (try to be with god companies) don’t conceal this tenure with M/s Wipro and if you don’t handle the matter and clear your name the BGV may be negative.

It may be negative, even if you pay.

Therefore resolve the matter completely.

Your counsel and unions can help and support you.

 

 

 

 

 

 

1 Like

ravi   09 June 2017

Vinay please give me your mobile no. Same case is with me. I need your advice

Kumar Doab (FIN)     09 June 2017

The employees may keep the threads updated.

This shall benefit the community of employees and all raders.

Velladurai   20 April 2018

Hi,

I am also having the same issue where they asked to me pay around 60k. But I havent went to office after first day joining. I have sent the resignatin letter to project manager not HR on the second day. That's the mistake I have done. so they asked me to pay around 1 months salary. Kindly advise. Please  share your details to call you. 

Thanks,

Vella

vels33@gmail.com

Ritesh Maity (Labour Law Advocate)     20 April 2018

It seems the company has rightly sent you the legal notice since you have not served the notice period and left the service just after 1 day. If this is allowed by the company, every employee will take the company for a ride. 

 

As a remedy, give a proper reply to the legal notice after consulting with a lawyer. 

Kumar Doab (FIN)     20 April 2018

The enactments that apply to establishment/employer/employee shall prevail upon any private agreement drafted by employer and signed with employee say; offer letter, appointment letter, service Rules, agreement etc etc

If enactments provide for notice period=NIL then IT cannot be even 1days in any of the docs..and such clause in private docs may be VOID…

GO thru (Name of the State where you were located) Shops and Estbs Act, Shops and Estbs Rules, Standing Orders (Model /Certified) and notice period/pay in your case may be =NIL………………..


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