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Yog   19 October 2016

Legal notice received for not served notice period

Hi,

I have read lot of thread and really want to appriciate advice given in this forum.This is also provide lot of legal knowledge.

 

I need some help and clarification in my scenario. I accepted an offer with an IT organisation and did not sign any Service Agreement or Contract. I joined the organisation on 14th dec 2015 and resigned on 4th Jan 2016 i.e I served less than one month. My reason to leave the organisation is I was recruited for a post and job that doesnot suits my profile Also there wa no assignment is given to me. Then I decided to resign and had a discussion with my manager and HR on 02nd Jan 2016 and submitted a formal resignation in company's exit portal on 4th Jan 2016. I served for one more month in notice period on the request of manager and received salary for January month also.I left company after submitting my Icard as suggested by my manager but suddenly after 9 months,I got legal notice by company's advocate for demanding Rs. 2,32,000/- for not serving notice period.As per offer letter of company below is terms for termination.

Notice For Termination:

"The written notice required for termination of employment will be two months notice by either party. You would  be required to serve the stipulated notice period and early release would be at the sole discretion of the Management. In case you leave your employment without giving requisite notice, no relieving letter will be issued and settlement of dues will be at the sole discretion of the Management. However, under organisations disciplinary procedure your service can be terminated without any notice period."

Unfortunately, I have no copy of resignation acceptance as this was submitted in the company exit management system but has bank entries to prove salary credited for january.

Please suggest and help as how to proceed with this.

Appreciate your help.

Thanks in advance.

 

Yogeshwar K

 

 



Learning

 22 Replies

Nitish Banka (lawyer)     19 October 2016

You are required to send the formal reply to the legal notice, you may mail me the legal notice at nitish@lexspeak.in and will draft a reply for you.

Kumar Doab (FIN)     19 October 2016

While posting such queries employee should always post basic information;



What is this establishment; Commercial, Industrial?

What is its line of business?

How many persons are employed in it?

Does standing order apply in your case; Model/Standing?



What is your designation and nature of duties?

Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..



Can anyone change/cancel your recommendations?



How many persons report to you?



You are in which state?

Your service is under probation or confirmed?



For how many months you have been working?



What is the notice period tendered by you?



What is the notice period as per appointment letter?

Has your resignation been accepted? Did you get reply?



Have you been getting salary slips?



What was your monthly salary with break up?



 

Yog   19 October 2016

Quote Report Abuse
Thanks Kumar for reply,pls find answer for your queries below:

While posting such queries employee should always post basic information;



What is this establishment; Commercial, Industrial?

It is IT MNC

What is its line of business?

IT services,development of software etc.

How many persons are employed in it?

More than 25000+

Does standing order apply in your case; Model/Standing?

I am not sure but can give you company name in your mailbox



What is your designation and nature of duties?

My designation was "senior professional- system administrator"

Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..

No

Can anyone change/cancel your recommendations?

I have no role for any recommendation


How many persons report to you?

no one



You are in which state?

Delhi

Your service is under probation or confirmed?

It is not mentioned in offer letter.There is nothing related to probation in the offer letter.



For how many months you have been working?

I resigned on 4th January2016 and joined 14th Dec 2015 but mark attendance till january end and got salary for january.

What is the notice period tendered by you?

only one week but forcefully served for month

What is the notice period as per appointment letter?

60 days

Has your resignation been accepted? Did you get reply?

It was accepted by manager but cannot produce proof as it was in exit management system.



Have you been getting salary slips?

Salary for  december and january credited to salary account but salary slip was in company email which is not accessible now. 



What was your monthly salary with break up?

I can send in your mailbox

Kumar Doab (FIN)     19 October 2016

One option: Write under proper acknowledgment to good offices of appointing authority,MD, to supply you the copy of notice of resignation submitted by you, its acceptance and salary slips and attendace record.Don't forget to mention that you were asked/forced to work beyond upto dated...........

 

Best option: Show all docs on record to a very able counsel specializing in Labor/service matters and give inputs on nature of your  duties and let your able counsel advise you on reply to legal notice.

 

 

 

 

Kumar Doab (FIN)     19 October 2016

>> "Does standing order apply in your case; Model/Standing?

I am not sure but can give you company name in your mailbox"

 

It is highly unfrtunate that employees are not aware of standing orders.

 

>> Are you a member of IT/ITeS employee's unions?

 

>> Have you consulted a  very able counsel specializing in Labor/service matters?

1 Like

Yog   19 October 2016

>> "Does standing order apply in your case; Model/Standing?

I am not sure but can give you company name in your mailbox"

 

It is highly unfrtunate that employees are not aware of standing orders.

 

>> Are you a member of IT/ITeS employee's unions?

No, there is no such unions in ITes MNC's

 

>> Have you consulted a  very able counsel specializing in Labor/service matters?

not yet..

Yog   19 October 2016

>> "Does standing order apply in your case; Model/Standing?

I am not sure but can give you company name in your mailbox"

 

It is highly unfrtunate that employees are not aware of standing orders.

Please where can I find this information i.e company website or elsewhere

>> Are you a member of IT/ITeS employee's unions?

No, there is no such unions in ITes MNC's

 

>> Have you consulted a  very able counsel specializing in Labor/service matters?

not yet..

Kumar Doab (FIN)     19 October 2016

You have not replied to all points, pointwise.

Go thru carefully, once again.

Your reporting office was located in Delhi?

What was your exact nature of duties?

If you wish to reply on pending points by PM, you may.

1 Like

Yog   19 October 2016

Dear Kumar,

 

I have send you PM with all points, please let me know if anything else is needed

Kumar Doab (FIN)     19 October 2016

You have posted that:

"I accepted an offer with an IT organisation.....................................My reason to leave the organisation is I was recruited for a post and job that doesnot suits my profile Also there wa no assignment is given to me. Then I decided to resign and had a discussion with my manager and HR"

 

Do you have copy of job advt, job application, call letter, offer letter that shows the job designation/profile advtertised and applid for by you and offered to you, and that you were made to sit idle?

 

Did you narrate such reasons in exit meeting, notice of resignation, resignation, subsequently?

 

 

 

 

 

Yog   19 October 2016

I have a copy of offer letter.

In notice of resignation personal family reason is mentioned to leave the job.

Kumar Doab (FIN)     19 October 2016

You have posted that:

"I decided to resign and had a discussion with my manager and HR"

 

Were you asked by them to mention personal family reason  to leave the job?

 

You have not replied to:

 

'Does company have an office at Delhi?',.......................................'

Do you have evidence; 'I was recruited for a post and job that doesnot suits my profile '......................copy of job advt, job application, call letter, offer letter that shows the job designation/profile advtertised and applied for by you and offered to you, and that you were made to sit idle?

 

 

Kumar Doab (FIN)     19 October 2016

You have grossly erred.

 

Yog   19 October 2016

No such evidence available.


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