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Kuldeep (roo2vicky@yahoo.co.in)     13 March 2011

Notice from Company

DEue to some personal reasons I quit my job after 3 months without any notice to company.My probabtion period was 6 months clearly mentioned in appointment letter.i quit in 29th october,2010.but now all of a sudden company has sent me a letter stating that a settelemnt of Rs.15,000 is due against meand asking me remit this amoount to them within 15 days,failing which an appropriate action will be taken against me.

My Appointment letter mentioned that both parties may terminate this  agreement by giving 30 days( 1 months) written notice or gross salary in lieu of it. 

Now i have few questions:

1.What action they may take against me.

2.is it compulsary to give notice during probabtion time,What law says in this regard.

3.should i pay this amount or ignore them.

4.Can talking to HR may free me from paying this amount.(My financial condition is not so good so want to avoid paying money).

 

Regards

Kuldeep



Learning

 7 Replies

Avinash Kumar Sharma (Sr. Manager HR)     14 March 2011

Dear Kuldeep,

An appointment letter is a contract of job between employer and employee. If you have accepted by signing it then it becomes enforceable according to law. It is enforceable in the court of law if the condition of notice period is mentioned during probation period in appointment letter.Your employer can file suit in the civil court against you to recover the amount mentioned in appointment letter. Genarally employer themselves hesitate to take the matter in the court of law, but it is better for you to talk to HR department in this regard and sort out the matter if possible.

Thanks,

Avinash


(Guest)

Dear Kuldeep,

 

I agree with the views of Mr. Avinash Kumar Sharma. However to supplement him, your point by point reply is as follows:

 

1)  (a) The company can treat misconduct on your part and can take a disciplinary action for your unauthorised absence; and (b) to recover the amount of contract, the company can file a suit against you in a court of law.

 

2) Notice was quite compulsory on your part before quitting service. Probation was also a part of your employment.

 

3 & 4)  For the peace of your mind, better pay the amount asked by the company, or approach the HR, if they can give you some solution other than payment of compensation to the company, or can reduce the amount.

Swapnil Yelgaonkar (Company Secretary)     14 March 2011

I'm  agree with Mr. P.S. Dhingra. In addition to this they may spoil your career ,if your new employer contacts them.

Kuldeep (roo2vicky@yahoo.co.in)     14 March 2011

I talked to HR and she replied harshly that i have to submit that amount anyhow otherwiswe they may take legal action against me.However she may give me extension of few more days to arrange the money.

Can i ignore their letter and may get ready for any legal action.What are the chances for me to win over them.Can i give many excuses like they were harassing me and did extended work hours and work environment was not good etc.........or any other you may suggest.

Actually a female colleague of mine also quit at the same time and date i did but she hasn't received any letter but i did.why this biasing........coz she is a female.

 

Regards

Susanta Chakraborty ( )     14 March 2011

I do agree with all above replies.

It is better to discuss with the HR dept of your old office. also consult with your new employer telling him true story behind your leave. I think taking him in confidence will help you.

Good luck,,,

let us know what happens...

1 Like

Avinash Kumar Sharma (Sr. Manager HR)     14 March 2011

Dear Kuldeep,

You should not hastly deposit the asked amount. First of all submit your resignation through mail because they might still not have terminated your services and ask them to adjust your leave encashement towards their claimed dues. Then wait for their response. If the adjustment is of smaller amount then it is better to pay the amount. But keep record of your payment. If the payment is of huge amount then it is better not to pay it because their are several employees who do not inform before leaving. Companies used to serve notices to employees to make them compliant but practically it is not possible for the company to file recovery suit against every absconding employee. So do not worry too much. But take some lessons for future, because it is also ethically wrong to leave the job without information and clearing your dues.

Thanks,

Avinash

pabba sandeep (practising lawyer)     04 October 2012

plz help me..

i need format legal notice to company for unpaid leaves


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